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HomeMy WebLinkAboutProvisional Adoption of Ordinance 1865, Zone map amendment to R-4 Zoning amended plat of Van Horn Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: First reading and preliminary approval of Ordinance 1865 adopting a zone map amendment from an R-3 to R-4 zoning designation for Tract C of the Amended Plat of the Van Horn Subdivision, Zoning Application Z-12219. MEETING DATE: May 6, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission preliminarily approves Ordinance 1865 for a zone map amendment from R-3 to R-4 for Tract C of the Amended Plat of the Van Horn Subdivision. RECOMMENDED MOTION: “Having considered all of the information presented and a public hearing having previously been held on November 5, 2012, I hereby approve Ordinance 1865 for a zone map amendment from R-3, Residential Medium Density District to R-4, Residential High Density District for Tract C of the Amended Plat of the Van Horn Subdivision.” BACKGROUND: First Baptist Church received preliminary approval for a zone map amendment application Z-12219 from “R-3”, Residential Medium Density District, to “R-4”, Residential High Density District for a 6.146-acre parcel on November 5, 2012 subject to three contingencies necessary for the preparation of the final ordinance, and now requires the implementing ordinance. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approve Resolution 1865. 2. Deny Resolution 1865. FISCAL EFFECTS: No significant fiscal effect has been identified. Attachments: Ordinance 1865 and ZMA Map Exhibit. Report compiled on: April 25, 2013 135 ORDINANCE NO. 1865 Page 1 of 4 ORDINANCE NO. 1865 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 C OF THE AMENDED PLAT OF THE VAN HORN SUBDIVISION AS “R-4”, RESIDENTIAL HIGH DENSITY DISTRICT FOR 6.146 ACRES LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map from “R-3” (Residential Medium Density District) 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 October 16, 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 recommended by the Planning Department and provided in Zoning Commission Resolution #P-12219 for approval of R-4 for Tract C of the Amended Plat of the Van Horn Subdivision with contingencies and denial of the R-4 request for Lot 3 and Lot 4 of Minor Subdivision No. 233; and WHEREAS, after proper notice, the City Commission held its public hearing on November 5, 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 from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) for Tract C of the Amended Plat of the Van Horn Subdivision would be in compliance with the thirteen criteria; and 136 ORDINANCE NO. 1865 Page 2 of 4 WHEREAS, at its meeting held on November 5, 2012, the City Commission found that the proposed zone map amendment for Tract C of the Amended Plat of the Van Horn Subdivision 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 designated as "R-4" (Residential High Density District): A portion of land being Tract C of the Amended Plat of the Van Horn Subdivision Plat on record with the Gallatin County Clerk and Recorder located in the Southwest 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 southwest corner of said Tract C; thence North 01° 30’ 26” East a distance of 902.33 feet; thence South 88° 32’ 45” East a distance of 297.82 feet; thence South 01° 27’ 15” West a distance of 892.91 feet; thence South 89° 38’ 48” West a distance of 298.80 feet to the Point of Beginning. The described parcel has an area of 6.146 acres, more or less and subject to any and all existing easements of record or apparent from a visual inspection of the property, and as described on the First Baptist Church Zone Map Amendment 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. 137 ORDINANCE NO. 1865 Page 3 of 4 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. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 6th day of May 2013. _____________________________ SEAN A. BECKER, Mayor ATTEST: ______________________________________ STACY ULMEN, City Clerk 138 ORDINANCE NO. 1865 Page 4 of 4 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 20th day of May, 2013. _____________________________ SEAN A. BECKER, Mayor ATTEST: ______________________________________ STACY ULMEN, City Clerk APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 139 140