HomeMy WebLinkAboutFinally Adopt Ordinance 1865, Zone Map Amendment from R-3 to R-4 for Van Horn Subdivision, Tract C
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Wendy Thomas, Community Development Director
SUBJECT: Second reading and final adoption 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: June 17, 2013
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: That the City Commission approves the 2nd reading and final adoption of 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. With approval of the zone map amendment by the City Commission and the applicant having met the three contingencies of
said approval the Zone Map Amendment now needs the implementing ordinance to be finalized.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve Ordinance 1865. 2. Deny Ordinance 1865.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Ordinance 1865 and ZMA Map Exhibit.
Report compiled on: June 5, 2013
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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
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ORDINANCE NO. 1865 Page 2 of 4
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
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
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ORDINANCE NO. 1865 Page 3 of 4
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 ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of May, 2013.
____________________________________ SEAN A. BECKER Mayor
ATTEST:
______________________________ STACY ULMEN, CMC City Clerk
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ORDINANCE NO. 1865 Page 4 of 4
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 17th day of
June, 2013. The effective date of this ordinance is July 17th, 2013.
_________________________________
SEAN A. BECKER
Mayor ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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