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Home My WebLink AboutProvisionally Adopt Ordinance 1848, R-1 Zoning for Lot 9, block 1 of Walker subdivision, Kirk amendment Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Chris Kukulski, City Manager SUBJECT: First reading and preliminary approval of Ordinance 1848 adopting an initial zoning designation of R-1for Lot 9, Block 1, Walker Property Subdivision, Zoning Application Z-12091. MEETING DATE: April 15, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission preliminarily approves Ordinance 1848 establishing an initial zoning designation of R-1 for Lot 9, Block 1, Walker Property Subdivision. RECOMMENDED MOTION: “Having considered all of the information presented and a public hearing having previously been held on August 6, 2012, I hereby approve Ordinance 1848 establishing an initial zoning designation of R-1, Residential, Single-Household, Low Density District, Lot 9, Block 1, Walker Property Subdivision”. BACKGROUND: Roger S. Kirk received preliminary approval to annex a 1.92 acre parcel and adjacent right-of-way on August 6, 2012. The annexation agreement has been signed and returned to the City for processing. The initial zoning of R-1, Residential, Single-Household, Low Density District, 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 1848 and ZMA Map Exhibit. Report compiled on: April 3, 2013 44 45 ORDINANCE NO. 1848 Page 1 of 5 ORDINANCE NO. 1848 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 9, BLOCK 1 OF WALKER PROPERTY SUBDIVISION AS “R-1” (RESIDENTIAL, SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) FOR 1.92 ACRES LOCATED IN THE SW ¼ OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., 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 August 6, 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 August 6, 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 (Residential, Single-Household, Low Density District) would be in compliance with the thirteen criteria; and WHEREAS, at its meeting held on August 6, 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-1 was the adopted initial zoning. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 46 ORDINANCE NO. 1848 Page 2 of 5 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): Legal Description (Lot 9, Block 1, Walker Property Subdivision) Lot 9, Block 1, Walker Property Subdivision, a Planned Unit Development [Plat J-164], 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 Southwest Quarter of Section 25, Township 1 South, Range 5 East, Principal Meridian, Montana, and further described as follows: Beginning at the most easterly corner of said Lot 9; thence southwesterly 230° 49' 13", assumed azimuth from north, 225.00 feet along the southeasterly line of said Lot 9; thence northwesterly 317° 57' 11" azimuth 249.09 feet along the southwesterly line of said Lot 9; thence northwesterly 333° 45' 36" azimuth 228.08 feet along said southwesterly line to a point on a curve with the center of the circle lying southerly 164° 14' 24" azimuth 302.11 feet from said point; thence easterly 97.78 feet on said curve, radius 302.11 feet and central angle 18° 32' 39" along the north line of said Lot 9 to a point on a curve with the center of the circle lying northeasterly 056° 28' 33" azimuth 50 feet; thence easterly 88.90 feet along said curve with a radius of 50.00 feet and a central angle of 101° 52' 19" along said north line; thence southeasterly 133° 24' 43" azimuth 369.00 feet along the northeasterly line of said Lot 9 to the point of beginning. Area = 83,635 square feet, 1.920 acres or 7,769.9 square meters. Subject to existing easements. Legal Description (Gibson Drive R/W) That part of Gibson Drive as dedicated on the plat of Walker Properties Subdivision, a Planned Unit Development, 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 Southwest Quarter of Section 25, Township 1 South, Range 5 East, Principal Meridian, Montana, described as follows: Beginning at the southwest corner of Lot 7, Block 1, said Walker Property Subdivision, a Planned Unit Development, and being a point on a curve with the radius point lying southerly 165° 38' 55", assumed azimuth from north, 362.11 feet from said point; thence easterly 111.12 feet on said curve, radius 362.11 feet and central angle 17° 34' 56", along the north right of way line of Gibson Drive to a point on a curve with the center of circle lying southeasterly 130° 10' 50" azimuth 50.00 feet; thence easterly, southerly and westerly 249.81 feet on last said curve with a radius of 50.00 feet and a central angle 286° 15' 43" along the right of way line of Gibson Drive to a point on a curve with the 47 ORDINANCE NO. 1848 Page 3 of 5 center of circle lying southerly 183° 18' 18" azimuth 302.11 feet; thence westerly 97.78 feet on last said curve with a radius of 302.11 and a central angle of 18° 32' 39" along the south right of way line of Gibson Drive; thence northerly 350° 32' 52' azimuth 60.11 feet to the point of beginning. Area = 13,704 square feet, 0.3146 acres or 1,273.1 square meters. Subject to existing easements. The described parcel has an area of 1.92 acres, more or less and is along with and subject to any existing easements and includes adjacent un-annexed road right-of-way for Gibson Drive as described on the Lot 9, Block 1, Walker Property Subdivision 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. 48 ORDINANCE NO. 1848 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 15th day of April 2013. _____________________________ 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 ________________ 2013. _____________________________ SEAN A. BECKER, Mayor ATTEST: ______________________________________ STACY ULMEN, City Clerk 49 ORDINANCE NO. 1848 Page 5 of 5 APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 50