HomeMy WebLinkAboutFinally adopt Ordinance 1876, Zone map amend for 81 acreas, Z13203
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Final Adoption of Ordinance 1876, a zone map amendment (ZMA) for 81 acres located south of Baxter Lane and east of Flanders Mill Road; with 65.5783 acres as R-3 (Medium Density Residential District), 10.4883
acres as R-4 (Residential High Density District), and 4.9598 acres as PLI
(Public Lands and Institutions) – File No. Z13203
MEETING DATE: November 18, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1876 the Flanders Mill Annexation ZMA
Z-13203
RECOMMENDED MOTION: “I hereby finally adopt Ordinance 1876 the Flanders Mill Annexation Zone Map Amendment, Z-13203.”
BACKGROUND: The property owner Flanders Mill LLC, made application to the
Department of Community Development for a Zone Map Amendment to amend the City of
Bozeman Zone Map for approximately 65.5783 acres as R-3 (Medium Density Residential
District), 10.4883 acres as R-4 (Residential High Density District) and 4.9598 acres as PLI (Public Lands and Institutions). This request is being processed in conjunction with annexation of the same property. The subject property is located east of Flanders Mill Road, south of Baxter
Lane, and north of Oak Street. The City Commission annexed the property and provisionally
adopted Ordinance 1876 on November 4, 2013.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Approve the zone map amendment.
2) As recommended by the City Commission
FISCAL EFFECTS: None identified.
Attachments: Ordinance 1876.
Report compiled on: November 5, 2013
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ORDINANCE NO. 1876 Page 1 of 5
ORDINANCE NO. 1876
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF
LAND BEING TRACT 1, CERTIFICATE OF SURVEY NO. 2834 LOCATED IN THE
WEST HALF OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE PRINCIPAL MERIDIAN OF MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AND THE ADJACENT COUNTY RIGHT OF WAY FOR FLANDERS MILL ROAD.
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to grant initial zoning of R-3 (Residential Medium Density), R-4 (Residential High
Density), and PLI (Public Lands and Institutions) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 15, 2013, 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 Community Development Department and provided in Zoning Commission Resolution No. Z13203 for
approval of 65.5783 acres as R-3 (Medium Density Residential District), 10.4883 acres as R-4
(Residential High Density District) and 4.9598 acres as PLI (Public Lands and Institutions) a
with contingencies; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 4, 2013, 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
WHEREAS, at its meeting held on November 4, 2013, 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:
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ORDINANCE NO. 1876 Page 2 of 5
Section 1
That the zoning district designation of the following-described property is hereby
designated as "R-3" (Residential Medium Density District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of
P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey
No. 2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows:
Beginning at the North Quarter Corner of said Section 3; thence southerly
180°58'23", assumed azimuth from north, 2,641.51 feet along the east line of the
Northwest Quarter of said Section 3 to the Center Quarter Corner of said Section 3; thence westerly 269°53'09" azimuth 722.46 feet along the east-west quarter section line of said Section 3; thence northerly 000°55'49" azimuth 65.01 feet to a point hereinafter
referred to as Point A; thence northerly 000°55'49" azimuth 342.99 feet to a point
hereinafter referred to as Point B; thence easterly 089°53'09" azimuth 99.66 feet; thence
northerly 000°51'17" azimuth 68.73 feet; thence northerly 76.94 feet on a tangential curve concave to the west, radius 270.00 feet and central angle 16°19'40"; thence northerly 339.62 feet on a reverse curve concave to the east, radius 3,457.79 feet and
central angle 5°37'39" to a point on a 410.38 foot radius curve, the center of circle of said
curve has an azimuth of 359°13'15" from said point; thence westerly, northwesterly and
northerly along said curve, central angle 91°21'28", a distance of 654.35 feet; thence westerly 270°07'29" azimuth along a line not tangent to the last described curve a distance of 216.10 feet; thence northerly 000°55'49" azimuth 1,334.55 feet along the west
right of way line of Flanders Mill Road and its northerly extension; thence easterly
089°36'58" azimuth 1,354.57 feet along the north line of the Northwest Quarter of said
Section 3 to the point of beginning. Area = 2,856,324 square feet, 65.5722 acres or 265,361.2 square meters, 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 Flanders Mill Annexation Zone Map Amendment
Map. Section 2
That the zoning district designation of the following-described property is hereby
designated as "R-4" (Residential High Density District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M.,
Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No. 2834, and the
adjacent County Road Right of Way for Flanders Mill Road, described as follows:
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ORDINANCE NO. 1876 Page 3 of 5
Beginning at the previously described Point B; thence westerly 269°53'09" azimuth
630.00 feet along the north substation easement line and its westerly extension; thence northerly
000°55'49" azimuth 892.54 feet along the west right of way line of Flanders Mill Road; thence
easterly 090°07'29" azimuth 216.10 feet to a point on a 410.38 foot radius curve, the center of circle of said curve has an azimuth of 090°34'43" from said point; thence southerly, southeasterly and easterly along said curve, central angle of 91°21'28", a distance of 654.35 feet to a point on a
3,457.79 foot radius curve, the center of circle of said curve has an azimuth of 080°09'15" from
said point; thence southerly along said curve, central angle of 5°37'39", a distance of 339.62 feet;
thence southerly 76.94 feet on a reverse curve concave to the west, radius 270.00 feet and central angle 16°19'40"; thence southerly 180°51'17" azimuth 68.73 feet tangent to said curve; thence westerly 269°53'09" azimuth 99.66 feet along the easterly extension of said north substation
easement line to the point of beginning (Point B).
Area = 456,869 square feet, 10.4883 acres or 42,444.5 square meters, 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 Flanders Mill Annexation Zone Map Amendment Map.
Section 3
That the zoning district designation of the following-described property is hereby
designated as "PLI" (Public Lands and Institutions District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No.
2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows:
Beginning at the previously described Point A; thence westerly 269°53'09"
azimuth 630.00 feet along the north public street easement line for Oak Street and its westerly extension; thence northerly 000°55'49" azimuth 342.99 feet along the west right of way line of
Flanders Mill Road; thence easterly 089°53'09" azimuth 630.00 feet along the north substation
easement line and its westerly extension to the previously described Point B; thence southerly
180°55'49" azimuth 342.99 feet to the point of beginning (Point A).
Area = 216,049 square feet, 4.9598 acres or 20,071.6 square meters , 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 Flanders Mill Annexation Zone Map Amendment Map.
Section 4 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. 1876 Page 4 of 5
Section 5
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 6 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 7
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 8 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, at a
regular session thereof held on the 4th day of November, 2013.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
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ORDINANCE NO. 1876 Page 5 of 5
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 18th day of November, 2013.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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