HomeMy WebLinkAboutProvisional Adoption Ordinance 1882, Hanson Zone Map Amendment, Z13240_Part12
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner
Wendy Thomas, Community Development Director
SUBJECT: Provisional Adoption of Ordinance 1882 approving the Hanson Zone Map
Amendment to establish initial zoning designation of R-2 (Residential
Two-Household Medium Density District) on 6.2076 acres. The property
is addressed at 4949 Durston Road. Application Z13240
MEETING DATE: February 24, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission provisionally approves Ordinance 1882 for
a zone map amendment to establish initial zoning designation of R-2 on 6.2076 acres.
RECCOMENDED MOTION: Should the Commission remove this from the consent agenda we recommend the following motion: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, and a public hearing having
previously been held on January 27, 2014, I hereby provisionally adopt Ordinance 1882 for a
zone map amendment to establish initial zoning designation of R-2 on Tract 2A, COS 501
located in the SE ¼ of Section 3, T02S, R5E, PMM, Gallatin County, Montana.”
BACKGROUND: The property owner and applicant Vision Development, with representative
C&H Engineering and Surveying, Inc., received preliminary approval to annex 6.2076 acres on
January 27, 2014. The annexation agreement was signed by the Applicant and returned to the
City for processing. The initial zoning of R-2 (Residential Two-Household Medium Density
District) was approved for this property by the Commission and now requires the implementing ordinance to be approved in association with the completion of the annexation process. The
Commission’s approval of this consent item incorporates the findings made for the Zone Map
Amendment with the Commission’s unanimous approval on January 27, 2014.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance as provided by staff 2. Adopt a modified ordinance as directed by the City Commission
3. Not adopt the ordinance
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of the development.
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Attachments: Ordinance 1882
Hanson ZMA Exhibit
Report compiled on: February 14, 2014
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Page 1 of 5
ORDINANCE NO. 1882
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO ESTABLISH AN
INITIAL ZONING DESIGNATION OF R-2 (RESIDENTIAL TWO-HOUSEHOLD
MEDIUM DENSITY DISTRICT) ON 6.2076-ACRES FOR PROPERTY WHICH IS
DESCRIBED AS TRACT 2A, COS 501 LOCATED IN THE SOUTHEAST ONE-
QUARTER (SE ¼) OF SECTION 3, TOWNSHIP TWO SOUTH (T02S), RANGE FIVE
EAST (R5E), PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission
must conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution
of the Bozeman City Commission as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to establish initial zoning of “R-2” (Residential Two-Household Medium Density District)
has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on January 7,
2014, to receive and review all written and oral testimony on the request for a zone map
amendment; and
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Ordinance No. 1882, Hanson Zone Map Amendment
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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. Z13240 for
approval of R-2 zoning for a tract of land being Tract 2A, COS 501 located in the Southeast
One-Quarter (SE ¼) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM,
Gallatin County, Montana subject to the following contingencies: and
WHEREAS, after proper notice, the City Commission held its public hearing on January
27, 2014, 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 nine zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment establishing initial municipal zoning of R-2 (Residential Two-
Household Medium Density District) for Tract 2A, COS 501 located in the Southeast One-
Quarter (SE ¼) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM,
Gallatin County, Montana would be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on January 27, 2013, the City Commission found that
the proposed zone map amendment for Tract 2A, COS 501 located in the Southeast One-Quarter
(SE ¼) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin
County, Montana 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-2" (Residential Two-Household Medium Density District):
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Ordinance No. 1882, Hanson Zone Map Amendment
Page 3 of 5
Tract 2A, COS 501 located in the Southeast One-Quarter (SE ¼) of Section 3,
Township Two South (T02S), Range Five East (R5E), Principal Meridian
Montana, Gallatin County, Montana and said tract being further described as
follows:
Commencing at the Southeast corner of Section 3, Township 2 South, Range 5
East; thence westerly 269°59'52" azimuth from north, 262.06 feet along the
South line of said Section 3, to the Southeast corner of Tract 2A of Certificate
of Survey No. 501 and the Point of Beginning of the Parcel herein described;
thence continue westerly 269°59'52" azimuth, 392.83 feet along the South line
of said Section 3 thence northerly 001°09'56" azimuth, 690.18 feet; thence
easterly 090°14'41" azimuth, 364.86 feet; thence southerly 178°12'14" azimuth,
93.53 feet; thence easterly 089°59'52" azimuth, 30.00 feet; thence southerly
181°49'43" azimuth, 595.29 feet to the point of beginning.
The described tract has a computed area of 270,403 square feet, 6.2076-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 Hanson Zone
Map Amendment Map, Exhibit A to this ordinance.
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
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Ordinance No. 1882, Hanson Zone Map Amendment
Page 4 of 5
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 24th day of February, 2014.
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Ordinance No. 1882, Hanson Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 24th of February, 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 ___ of
__________________, 2014. The effective date of this ordinance is __________, ___, 2014.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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