HomeMy WebLinkAboutFinally Adopt Ordinance 1854, establishing a zoning designation of R-4 on the 6.66 acre Christenot tract
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Community Development Director
SUBJECT: Second reading and final adoption of Ordinance 1854 establishing an initial zoning designation of R-4 on the 6.66 acre tract known as the Christenot Zone Map Amendment in conjunction with annexation, Zoning
Application Z-11170.
MEETING DATE: February 25, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the 2nd reading and final adoption of Ordinance 1854
establishing an initial zoning designation of R-4 (Residential High Density District) on the 6.66
acre tract known as the Christenot Zone Map Amendment in conjunction with annexation.
BACKGROUND: The Orville Christenot RLT received preliminary approval to annex a 6.66 acre parcel at 5200 Durston Road on November 28, 2011. The final annexation agreement has
been signed and approved by the City Commission. The initial zoning of R-4 (Residential High
Density District) was approved for this property by the Commission and now requires the
implementing ordinance to be approved in association with the completion of the annexation
process.
The Commission approved the 1st reading of this implementing Ordinance on January 28, 2013.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the ordinance as provided by staff.
2. Approve a modified ordinance as directed by the City Commission. 3. Not approve the ordinance.
FISCAL EFFECTS: Rezoning the property will not have any immediate fiscal effects to the
City. Future development/redevelopment of the property under R-4 zoning may increase tax
values and corresponding revenue from the property.
Attachments: Ordinance 1854 and ZMA Map Exhibit.
Report compiled on: February 14, 2013
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ORDINANCE NO. 1854
Page 1 of 4
ORDINANCE NO. 1854
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT INITIAL
MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 6.66 ACRES TO R-4
(RESIDENTIAL HIGH DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS THE
CHRISTNOT ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 6.66
acres to R-4 (Residential High Density District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 16,
2011, 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 denied as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 28, 2011, 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 would be in compliance with the thirteen criteria; and
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ORDINANCE NO. 1854
Page 2 of 4
WHEREAS, at its meeting held on November 28, 2011, 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.
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
granted initial zoning of R-4 (Residential High Density District):
A portion of land being Tract 6 of the Smith Subdivision on record with the Gallatin County Clerk and Recorder and a portion of the adjacent Durston Road Right of Way located in the Northwest One-Quarter of Section 11 Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly
described as follows:
Beginning at the northwest corner of said Tract 6; thence North 00° 56’ 38” East a distance of 45 feet to the northern boundary of said Section 11; thence South 89° 03’ 22” East a
distance of 187.03 feet along the northern boundary of Section 11; thence South 00° 56’ 38”
West a distance of 45 feet to the Northeast corner of Tract 6; thence South 02° 01’ 57”
West a distance of 1,289.91 feet to the Southeast corner of Tract 6; thence North 89° 07’ 47” West a distance of 326.49 feet to the Southwest corner of Tract 6; thence North 02° 01’ 57” East a distance of 331.24 feet; thence South 89° 03’ 22” East a distance of 135.45 feet;
thence North 02° 01’ 57” East a distance of 714.10 feet; thence South 89° 03’ 22” East a
distance of 4.0 feet; thence North 02° 01’ 57” East a distance of 244.99 feet to the Point of
Beginning containing 6.66 acres, more or less.
Subject to all easements of record or apparent from a visual inspection of the property
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.
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ORDINANCE NO. 1854
Page 3 of 4
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.
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 PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________,
2013.
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ORDINANCE NO. 1854
Page 4 of 4
____________________________________
SEAN A. BECKER Mayor
ATTEST:
____________________________________ STACY ULMEN, CMC City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2013. The effective date of this ordinance is __________, __, 2013.
_________________________________ SEAN A. BECKER Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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