HomeMy WebLinkAboutFinally Adopt Ordinance 1879, Zoning R-1 for Pine Meadows, Z12298
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Senior Planner
Wendy Thomas, Director of Community Development
SUBJECT: Final adoption of Ordinance 1879 designating an initial zoning of R-1 on the tract known as the Pine Meadows Zone Map Amendment in conjunction with annexation, Application Z12298.
MEETING DATE: February 10, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission finally adopt Ordinance 1879 designating an initial zoning designation of R-1 (Residential Single Household Low Density District) on the 4.02 acre tract, and adjacent road right-of-ways, for a total of 6.14 acres, known as the Pine
Meadows Zone Map Amendment in conjunction with annexation.
BACKGROUND: Lorie L. Hovanec, represented by Madison Engineering, LLC, received preliminary approval to annex a 4.2 acre parcel south of Durston Road, east of Valley Drive, on February 4, 2013. The City Commission annexed the property and provisionally adopted
Ordinance 1879 to establish an initial zoning of R-1 (Residential Single Household Low Density
District) on the property on January 27, 2014.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance. 2. Not adopt the ordinance.
FISCAL EFFECTS: Rezoning the property will not have any immediate fiscal effects to the
City. Future development of the property under R-1 zoning may increase tax values and corresponding revenue from the property.
Attachments: Ordinance 1879 and ZMA Map Exhibit.
Report compiled on: January 30, 2014
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Page 1 of 4
ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT AN
INITIAL MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 4.02 ACRES,
AND ADJACENT RIGHT-OF-WAYS, TO R-1 (RESIDENTIAL SINGLE HOUSEHOLD
LOW DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS THE PINE
MEADOWS ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the zone map amendment to initially zone approximately 4.02 acres, and
adjacent road right-of-ways, for a total of 6.14 acres, to 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 January 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 a zone map amendment be recommended for approval as proposed by the
applicant which included 0.58 acres as R-3 (Residential Medium Density District) and 3.44 acres
as R-2 (Residential Two Household Medium Density District); and
WHEREAS, after proper notice, the City Commission held its public hearing on
February 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 an initial zoning
designation of R-1 (Residential Single Household Low Density District) for the 4.02 acres would
be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on February 4, 2013, the City Commission found that
a zone map amendment to R-1 (Residential Single Household Low Density District) would be in
compliance with Bozeman’s adopted growth policy and would be in the public interest.
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Ordinance 1879, Pine Meadows Zone Map Amendment
Page 2 of 4
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-1 (Residential Single Household Low Density District):
Legal Description
An area of land being Tract 7 of the Smith Subdivision on record with the Gallatin County Clerk
and Recorder and a portion of the Durston Road & Valley Drive Rights-of-Way, all 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 a point on the section line between Sections 2 & 11 Township 2 South, Range 5
East, Principal Meridian Montana (P.M.M);
thence North 89° 46’ 00” East a distance of 317.08 feet;
thence South 00° 44’ 00” West a distance of 164.00 feet;
thence North 89° 46’ 00” East a distance of 10.00 feet;
thence South 00° 44’ 00” West a distance of 1170.18 feet;
thence South 89° 27’ 40” West a distance of 225.28 feet;
thence North 00° 46’ 00” East a distance of 1.90 feet;
thence North 151.95 feet along a non-tangential curve concave to the east having a radius of
794.00 feet and a central angle of 10° 57’ 54”; a chord bearing of North 06° 14’ 57” East and a
chord length of 151.72 feet;
thence North 11° 44’ 00” East a distance of 21.06 feet;
thence north 140.92 feet along a non-tangential curve concave to the west having a radius of
734.00 feet and a central angle of 11°01’01”; a chord bearing of North 06° 14’ 00” East and a
chord length of 140.70 feet;
thence North 00° 43’ 59” East a distance of 977.28 feet;
thence South 89° 46’ 00” West a distance of 133.15 feet;
thence North 00° 14’ 50” West a distance of 45.00 feet to the Point of Beginning
containing 6.135 acres, more or less.
Subject to all easements of record or apparent from a visual inspection of the property
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Ordinance 1879, Pine Meadows Zone Map Amendment
Page 3 of 4
The described parcel has an area, including adjacent road right-of-ways, of 6.135 acres
more or less and is along with and subject to any existing easements as described on the Pine
Meadows 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. 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.
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Ordinance 1879, Pine Meadows Zone Map Amendment
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of January, 2014.
____________________________________
JEFFREY K. KRAUSS 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 10th day of February, 2014. The effective date of this ordinance is 12th day of March, 2014.
_________________________________ JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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