HomeMy WebLinkAboutFinal Adoption of Ordinance 1845, Zoning Desigation of R-S for Lot 4a Minor Subdivision 35C
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Second reading and final approval of Ordinance 1845 adopting an initial zoning designation of R-S for Lot 4A, Minor Subdivision 35C in conjunction with annexation, Z-12068.
MEETING DATE: November 5, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission finally approve Ordinance 1845 establishing an initial zoning designation of R-S for Lot 4A, Minor Subdivision 35C.
RECOMMENDED MOTION: “Having considered all of the information presented and a public hearing having previously been held on June 11, 2012, I hereby approve Ordinance
1845 establishing an initial zoning designation of R-S, Residential Suburban, for Lot 4A,
Minor Subdivision 35C and adjacent right-of-way”
BACKGROUND: Mahar Montana Homes received preliminary approval to annex a 5.01 acre parcel and adjacent right-of-ways at 3601 Good Medicine Way on June 11, 2012. The
annexation agreement has been signed and returned to the City for processing. The initial zoning
of R-S, Residential Suburban, was approved for this area by the Commission, and now requires
the implementing ordinance in association with the completion of the annexation process. Preliminary approval of Ordinance 1845 occurred on October 15, 2012.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the resolution and annexation agreement.
2. Deny the resolution and annexation agreement.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Ordinance 1845 and map
Report compiled on: October 16, 2012
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ORDINANCE NO. 1845 Page 1 of 5
ORDINANCE NO. 1845
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF LOT 4A, MINOR SUBDIVISION 35C AND ADJACENT RIGHT-OF-WAYS,
LOCATED IN THE NE ¼ OF SECTION 25, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M. AS “R-S” (RESIDENTIAL SUBURBAN DISTRICT) FOR 6.564 ACRES LOCATED IN THE SW1/4 OF SECTION 3, T2S, R5E, 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 May 15, 2012,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission did not recommend 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 June 11,
2012, 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 thirteen zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment to R-1 would not be in compliance with the thirteen criteria but that R-S
(Residential Suburban District) would be; and
WHEREAS, the applicant’s representative informed the City Commission that R-S
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ORDINANCE NO. 1845 Page 2 of 5
zoning would be acceptable to the property owner; and
WHEREAS, at its meeting held on June 11, 2012, the City Commission found that the
proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy
and would be in the public interest if R-S was the adopted initial zoning.
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-S" (Residential Suburban District):
A parcel of land, said parcel being Lot 4A, Minor Subdivision 35C and adjacent right-of-ways, located in the NE ¼ of Section 25, Township 2 South, Range 5 East, P.M.M. said parcel being
further described as follows:
Legal Description (Lot 4A)
Lot 4A, Minor Subdivision No. 35C, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 25, Township 2 South, Range 5 East, Principal Meridian, Montana, and further
described as follows:
Beginning at the southeast corner of said Lot 4A; thence westerly 269° 40' 00", assumed azimuth from north, 630.09 feet along the south line of said Lot 4A to a point on a curve with the center of circle lying westerly 285° 10' 42" azimuth 1534.89 feet from said point; thence on the
following courses along the boundary of said Lot 4A;
northerly 403.85 feet along said curve, radius 1534.89 feet and central angle 015° 04' 31";
northerly 000° 06' 11" azimuth 69.39 feet, tangent to said curve; easterly 089° 40' 00" azimuth 325.29 feet; southeasterly 151° 43' 00" azimuth 530.00 feet to the point of beginning.
Area = 218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing
easements. Legal Description (South 3rd Avenue R/W)
That part of South Third Avenue described as follows:
Beginning at the southwest corner of Lot 4A, Minor Subdivision No. 35C (the south line of said Lot 4A has an assumed azimuth from north of 269° 40' 00"); thence westerly 285° 10' 42"azimuth, 77.50 feet to a point on a curve with the center of circle lying westerly 285° 10' 42"
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ORDINANCE NO. 1845 Page 3 of 5
azimuth 1457.39 feet from said point; thence northerly 383.46 feet along said curve, radius
1457.39 feet and central angle 015° 04' 31"; thence northerly 000° 06' 11" azimuth 69.29 feet,
tangent to said curve; thence easterly 090° 06' 11" azimuth 65.00 feet; thence easterly 089° 40'
00" azimuth 12.50 feet to the northwest corner of said Lot 4A; thence southerly 180° 06' 11" azimuth 69.39 feet along the western boundary of said Lot 4A; thence southerly 403.85 feet on a tangential curve, concave to the west, radius 1534.89 feet and central angle 015° 04' 31" along
the west line of said Lot 4A to the point of beginning.
Area = 35,879 square feet, 0.8237 acres or 3,333.3 square meters. Subject to existing easements. Legal Description (Good Medicine Way R/W)
That part of Good Medicine Way described as follows:
Beginning at the southeast corner of Lot 4A, Minor Subdivision No. 35C; thence northwesterly 331° 43' 00", assumed azimuth from north, 530.00 feet along the east line of said Lot 4A to the
northeast corner of said Lot 4A; thence northeasterly 061° 43' 00" azimuth 60.00 feet to the east
right-of-way line of Good Medicine Way, thence southeasterly 151° 43' 00" azimuth 529.88'
along said east right-of-way line; thence southwesterly 241° 36' 09" azimuth 60.00 feet to the
point of beginning.
Area = 31,796 square feet, 0.7299 acres or 2,953.9 square meters. Subject to existing easements.
The described parcel has an area of 6.564 acres, more or less and is along with and subject to any
existing easements and includes adjacent un-annexed Road R/Ws for South 3rd Avenue and Good Medicine Way as described on the Mahar Good Medicine Way Zone Map Amendment.
Section 2
Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect. Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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ORDINANCE NO. 1845 Page 4 of 5
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole. Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Zoning Map Amendments.”
Section 6 Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading, at a regular session thereof held on the 15th day of October 2012.
_____________________________
SEAN A. BECKER
Mayor ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
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ORDINANCE NO. 1845 Page 5 of 5
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 5th day of
November, 2012.
__________________________________ SEAN A. BECKER Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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