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Home My WebLink AboutOrdinance No. 1813, Implementing prior Zone Map Amendment, Brandner Property.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: Ordinance 1813 - Second Reading Z-10093 Brandner Zone Map Amendment MEETING DATE: Monday, August 1, 2011 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Approve second reading of Ordinance 1813 implementing the prior City Commission action on zone map amendment Z-10093 to establish a municipal zoning designation with annexation of the subject property of R-1 (Residential, Single Household Low Density District) on 0.37 acres. BACKGROUND: The City Commission approved zone map amendment application Z-10093 on July 19, 2010 subject to three contingencies necessary for the preparation of the final ordinance. The contingencies have been met and the final ordinance is now prepared for Commission action. First reading was passed on the consent agenda on July 18, 2011. FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This does not affect any budgeted expenditure. ALTERNATIVES: 1) Finalize the zone map amendment to R-1 as previously acted on by the City Commission. 2) Do not finalize the zone map amendment request. Attachments: Ordinance 1813 Zone Map Amendment Exhibit Report compiled on: July 13, 2011 31 1 ORDINANCE NO. 1813 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE AREA OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 2760 AS “R-1” (RESIDENTIAL, SINGLE HOUSEHOLD LOW DENSITY DISTRICT) FOR 0.37 ACRES LOCATED IN THE SW1/4 , SW1/4 OF SECTION 32, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to establish an initial municipal zoning designation of “R-1” (Residential, Single Household Low Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2010, 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 as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on July 19, 2010, 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 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 twelve criteria; and WHEREAS, at its meeting held on July 19, 2010, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy 32 2 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 Household Low Density District): Tract 1 of C.O.S. No. 2760 located in the SW¼, SW¼ of Section 32, T1S, R6E, PMM in Gallatin County Montana and further described as follows: A tract of land, being Document No. 2342598, said tract being Tract 1 of Certificate of Survey No. 2760, being located in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana and being more particularly described as follows: Commencing at the southwest corner of Section 32, Township 1 South, Range 6 East; Thence North 18°19'32" East a distance of 683.48 feet to the Point of Beginning; Thence along the easterly line of Tract 1 of Certificate of Survey No. 2760, North 27°41'26" West a distance of 270.20 feet to the southerly right of way of Bridger Canyon Drive; Thence along the said right of way, South 89°26'50" East a distance of 132.49 feet to the west line of Book 149, Page 459 of Survey Plats; Thence along said west line, South 00°31'21" West a distance of 212.82 feet to the southwest corner of said Survey Plat; Thence continuing South 00°31'21" West a distance of 25.25 feet; Thence North 89°00'17" West a distance of 4.75 feet to the Point of Beginning. The computed area of the described tract is 0.375 acres, more or less. The described tract is along with and subject to any existing easements. 33 3 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 18th day of July, 2011. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC 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 1st day of August, 2011. _______________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ________________________________ TIM COOPER Assistant City Attorney 34 R-4 (Residential High Density) B-1 (Neighborhood Commercial) R-S (Residential Suburban)M-1 (Light Industrial/Manuf.) B-2 (Community Commercial) R-2 (Res. Single-Hshld, Med. Dens.) Zoning Legend cultivated BRIDGER DRIVE STORY MILL ROADHILLSIDE LAN E R-2 DAVID W. & LYNN NOYESGEO CODE06090532302020000MILDRED V. McAFEE& VERA M. DeHANNTRACT 7BC.O.S. 2408GENE BALLINGERGEO CODE 06090532302020000 PAUL D. ___ M. GRIFFINGEO CODE 06090532302030000MT. BALDYSUBDIVISIONMORVOY WTTRACT AC.O.S. 1518LAMA, LLCGEO CODE06090531201120000DEED BOOK 6, PAGE 112REMAINDERBLUE SKY DEVELOPMENTBRIDGER VIEW MOBILE HOME COURTPLAT, FILM 9, PAGE 1202BLUE SKY DEVELOPMENTTRACT KC.O.S. 1346CLIFFORD & SALLY CHRISTIETRACT GPLAT, BK. 147, P.185REMAINDER OFA PORTION OFR.R. R/WCITY OF BOZEMANDEED FM 152, P. 2244CLIFFORD & SALLY CHRISTIEPARCEL IIDEED FM 175, P. 2596BLUE SKY DEVELOPMENTTRACT 1TC.O.S. 1877APAMELA R. ROBERTSTRACT 1A-2C.O.S. 115BPAUL L. VAN ORDENTRACT 2C.O.S. 1115PAUL L. VAN ORDENGEO CODE0609053230206000REMAINDER OFA PORTION OFR.R. R/WCITY OF BOZEMANDEED FM 162, P. 2244BLUE SKY DEVELOPMENTREMAINDER OF TRACT 1, C.O.S. 1895DOC. #2206178TRACT 1 OF C.O.S. 2760DOC. #2342598 JEFFREY BRANDNER 0.37 Acres (Net)27 0 .20 'N 2 7 ° 4 1 ' 2 6 " W S 89°26'50" E'132.49'212.82'(M) 212.03'(R)S 00°31'21" W238.07'(M) 237.03'(R)25.25'(M)25'(R)N 89°00'17" W 4.75'(M) 4'(R--FM9/PG668 PLAT) CITY COUNTY CITY COUNTY CITY COUNTY COUNTYCITY EXISTING 90' STORY MILLROAD EASEMENT15'30'30'15' EXISTING 60' HILLSIDE LANE ROAD EASEMENT EXISTING 90'BRIDGER DRIVERIGHT-OF-WAY EXISTING 20' EASEMENT TOBRIDGER DRIVE RIGHT-OF-WAY EXISTING 20' EASEMENT TOBRIDGER DRIVE RIGHT-OF-WAY EXISTING 110' BRIDGER DRIVE RIGHT-OF-WAY EXISTING 110' BRIDGER DRIVE RIGHT-OF-WAY ZONED R-2ZONED R-4ZONED R-4ZONED R-4ZONED R-SUN ZONEDUN ZONEDUN ZONEDUN ZONEDUN ZONEDUN ZONEDUN ZON E D UN ZON E DZONED R-4ZONED R-2ZONED B-2ZONED R-4ZONED R-4ZONED R-4ZONED R-4ZONED B-1FIGURE "3" - SHEET 1 A ZONE MAP AMENDMENT MAP FOR A CERTAIN TRACT OF LAND IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.M:\101600\Drawings\FIGURE 3 - ZMA SHEET 1.dwgCPR 100' CPR 04/20/2010 101600 FIGURE-3 Scale 1" = SkyLine Surveying Inc. 376 Milestone, Belgrade, MT (406)580-1078 N EW S Page 1 of 2 ARCHITECT Right-Of-Way/Easement Boundary Line Adjoining Property Line Section Line Boundary Line of Area of Annexation Calculated Position Section Corner Survey Legend BASIS OF BEARINGGeodetic North @NGS OPUS Position Lat N 45d 41' 52.64963" Long. W 111d 01' 27.48483" DRAWN BY: DATE: PROJECT NO. FILE NAME: 1111 Research Drive Bozeman, MT 59718 587.2781 Office522.9225 Faxwww.hyaliteeng.com BRANDNER ZONE MAP AMENDMENT 35 PROJECT AREA CITY OF BOZEMAN BRIDGER DRIVE INTER S T A T E 9 0 M:\101600\Drawings\FIGURE 3 - ZMA SHEET 2.dwgFIGURE "3" - SHEET 2 A ZONE MAP AMENDMENT MAP FOR A CERTAIN TRACT OF LAND IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. CPR 04/20/2010 101600 FIGURE-3 SkyLine Surveying Inc. 376 Milestone, Belgrade, MT (406)580-1078 N VICINITY MAP SCALE: NTS Page 2 of 2 ARCHITECT DRAWN BY: DATE: PROJECT NO. FILE NAME: 1111 Research Drive Bozeman, MT 59718 587.2781 Office 522.9225 Fax www.hyaliteeng.com LEGAL DESCRIPTION - AREA OF R-2 ZONING A tract of land, being Document No. 2342598, located in Section 32, Township 1 South,Range 6 East P.M.M., Gallatin County, Montana, being more particularly described asfollows: Commencing at the southwest corner of Section 32, Township 1 South, Range 4 East;Thence North 18°19'32" East a distance of 683.48 feet to the Point of Beginning; Thencealong the easterly line of Tract 1 of Certificate of Survey No. 1895, North 27°41'26" West adistance of 270.20 feet to the southerly right of way of Bridger Canyon Drive; Thence along the said right of way, South 89°26'50" East a distance of 132.49 feet to the west lineof Book 149, Page 459 of Survey Plats; Thence along said west line, South 00°31'21"West a distance of 212.82 feet to the southwest corner of said Survey Plat; Thencecontinuing South 00°31'21" West a distance of 25.25 feet; Thence North 89°00'17" Westa distance of 4.75 feet to the Point of Beginning. Said tract contains 0.37 acres, more or less and subject to all easements of record orapparent on the ground. BRANDNER ZONE MAP AMENDMENT 36