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Home My WebLink AboutProv. adoption of Ordinance 1847 zoning of RS for Tract B-1 of Survey 2392B, Application Z-12056 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: First reading and preliminary approval of Ordinance 1847 adopting an initial zoning designation of RS for Tract B-1 of Certificate of Survey No. 2392B as amended by the right-of-way highway acquisition in conjunction with annexation, Zoning Application Z-12056. MEETING DATE: December 10, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission preliminarily approve Ordinance 1847 establishing an initial zoning designation of R-S for Tract B-1A of Certificate of Survey No. 2392B and adjacent right-of-way. 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 1847 establishing an initial zoning designation of R-S, Residential Suburban, for Tract B-1A of Certificate of Survey No. 2392B and adjacent right-of-way” BACKGROUND: Clara O. Ditton Living Trust received preliminary approval to annex a 19.42 acre parcel and adjacent right-of-way at 2210 Bridger Drive 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. 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 1847 and ZMA Map Exhibit Report compiled on: November 20, 2012 43 44 ORDINANCE NO. 1847 Page 1 of 5 ORDINANCE NO. 1847 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 B-1A OF CERTIFICATE OF SURVEY NO. 2392B AND ADJACENT RIGHT-OF-WAYS, LOCATED IN THE SE ¼ OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M. AS “R-S” (RESIDENTIAL SUBURBAN DISTRICT) FOR 20.00 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-S” (Residential Suburban District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a 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 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 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-S (Residential Suburban District) would be in compliance with the thirteen criteria; 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. 45 ORDINANCE NO. 1847 Page 2 of 5 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): Legal Description (Tract B-1A) A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, being Tract B-1A of Certificate of Survey 2392B as modified by right-of-way highway acquisition and being more particularly described as follows: Beginning at the south east corner of said Tract B-1A from which the southeast corner of said Section 32 bears S 89o 25′ 40″ E 371.03 ft.; thence N 89o 25′ 40″ W 581.40 ft. along the south line of said Section 32; thence N 2o 14′ 30″ E 472.65 ft; thence S 89o 33′ 56″ W 223.35 ft.;thence S 89o 05′ 10″ W 190.50 ft.; thence N 1o 05′ 03″ W 451.35 ft. to a point on the southerly Right of Way of Secondary Highway 293; thence, along said Right of Way, easterly 23.88 ft. along a non-tangent curve to the left with a radius of 1196.00 ft. a central angle of 1o 08′ 38″ and a chord that bears N 82o 42′ 34″ E 23.88 ft.; thence S 70o 19′ 40″ E 60.24 ft.; thence easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29′ 58″ and a chord that bears N 75o 54′ 17″ E 160.23 ft.; thence N 65o 33′ 01″ E 53.57 ft.; thence easterly 319.37 ft. along a non-tangent curve to the left with a radius of 1220.00 ft., a central angle of 14o 59′ 56″ and a chord that bears N 62o 09′ 21″ E 318.46 ft.; thence N 38o 35′ 33″ E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 2o 00′ 28″ and a chord that bears N 51o 09′ 09″ E 42.26 ft.; thence N 50o 08′ 55″ E 109.84 ft.; thence N 75o 47′ 23″ E 55.46 ft.; thence N 50o 08′ 55″ E 212.82 ft.; thence, leaving said Right of Way, S 1o 19′ 28″ E 1407.18 ft to the point of beginning containing 19.42 acres. Legal Description (Highway 86/Bridger Drive R/W) A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, being part of Tract B-1A of Certificate of Survey 2392B and being more particularly described as follows: Beginning at a point on the highway right of way from which the north west corner of said Tract B-1A bears S82o 42′ 34″W 23.88 ft.; thence S 70o 19′ 40″ E 60.24 ft.; thence easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29′ 58″ and a chord that bears N 75o 54′ 17″ E 160.23 ft.; thence N 65o 33′ 01″ E 53.57 ft.; thence easterly 319.37 ft. along a non-tangent curve to the left 46 ORDINANCE NO. 1847 Page 3 of 5 with a radius of 1220.00 ft., a central angle of 14o 59′ 56″ and a chord that bears N 62o 09′ 21″ E 318.46 ft.; thence N 38o 35′ 33″ E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 2o 00′ 28″ and a chord that bears N 51o 09′ 09″ E 42.26 ft.; thence N 50o 08′ 55″ E 109.84 ft.; thence N 75o 47′ 23″ E 55.46 ft.; thence N 50o 08′ 55″ E 212.82 ft.; thence, N 1o 19′ 28″ W 43.46 ft. thence S 50o 08′ 55″ W 399.73 ft. thence southwesterly 668.06 ft. on a curve to the right with a radius of 1196.00, and a central angle of 32o 00′ 20″ to the point of beginning containing 0.58 acres. The described parcel has an area of 20.00 acres, more or less and is along with and subject to any existing easements and includes adjacent un-annexed road right-of-way for Highway 86/Bridger Drive as described on the Ditton Annexation Map. 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. 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. 47 ORDINANCE NO. 1847 Page 4 of 5 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. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 10th day of November 2012. _____________________________ SEAN A. BECKER, Mayor ATTEST: ______________________________________ STACY ULMEN, 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 ____ day of ________________ 2012. _____________________________ SEAN A. BECKER, Mayor ATTEST: ______________________________________ STACY ULMEN, City Clerk 48 ORDINANCE NO. 1847 Page 5 of 5 APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 49