HomeMy WebLinkAboutProvisional Adoption of Ordinance 1883, amend zone map, Laurel Glen Subdivision, Z13229_Part13
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 1883 to amend the zoning map from
B-1 Neighborhood Business District to R-2 Residential Two-Household Medium Density
District on 6.1519 acres located at Lot 1 Block 4 Laurel Glen Subdivision, 964 Longbow Lane, Application number Z13229.
MEETING DATE: February 24, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDED MOTION: I hereby move to provisionally adopt Ordinance 1883
amending the zoning map from B-1 Neighborhood Business District to R-2 Residential Two-
Household Medium Density District on 6.1519 acres located at Lot 1 Block 4 Laurel Glen
Subdivision, 964 Longbow Lane. BACKGROUND: The City Commission gave preliminary approval for the change in zoning on
December 16, 2013. The applicant has provided the required map and legal description for the
property necessary to complete the ordinance process. The Ordinance is now prepared for final
action by the Commission.
UNRESOLVED ISSUES: None
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application as requested; or 2. Deny the application.
FISCAL EFFECTS: None identified at this time.
Report compiled on: February 5, 2014 Attachments: Ordinance 1883
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Page 1 of 5
ORDINANCE NO. 1883
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
6.1591 ACRES FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT, TO R-2,
RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT, FOR
PROPERTY DESCRIBED AS LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION,
PHASE 1 AND ADJACENT RIGHT OF WAY.
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 from “B-1” (Neighborhood Business District) to “R-2” (Residential Two-Household
Medium Density District) has been properly submitted, reviewed and advertised; and
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Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission held a public hearing on December 3,
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
WHEREAS, after proper notice, the City Commission held its public hearing on
December 16, 2013, to receive and review all written and oral testimony on the request for a
zone map amendment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings.
The City Commission has reviewed and considered the zone map amendment criteria
established in Section 76-2-304, Mont. Code Ann. and Section 38.01.040 finds that the proposed
zone map amendment is in compliance with the criteria.
Section 2
That the zoning district designation of the following-described property is hereby changed
from “B-1” (Neighborhood Business District) to "R-2" (Residential Two-Household Medium
Density District):
Lot 1, Block 4 and portions of the adjacent street right-of-ways, Laurel Glen Subdivision, Phase
1, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the South Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of
Bozeman, Gallatin County, Montana and further described as follows:
135
Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment
Page 3 of 5
Commencing at the southwest corner of Lot 1, Block 4, Laurel Glen Subdivision, Phase 1;
thence South 42°25'38" West 44.47 feet, assumed bearing, to the point of beginning; thence due
NORTH 495.10 feet; thence South 79°14'29" East 234.72 feet; thence easterly 83.53 feet on a
tangential curve concave to the north, radius 300.00 feet and central angle 015°57'09"; thence
North 84°48'22" East 209.01 feet; thence South 05°11'38" East 494.88 feet; thence South
84°48'22" West 186.98 feet; thence westerly 121.59 feet on a tangential curve concave to the
north, radius 500.00 feet and central angle 013°56'01"; thence North 81°15'37" West 262.30 feet
to the point of beginning.
Area = 268,291 square feet or 6.1591 acres. See Exhibit A.
Section 3
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 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 5
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
136
Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment
Page 4 of 5
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 6
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 “Zone Map Amendments.”
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 24 day 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
137
Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment
Page 5 of 5
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
138
Laurel ParkwayL =112 .6 0 '''''''''''''''''''''''''''''''''''''''''
R=4 6 3 .0 0 '''''''''''''''''''''''''''''''''''''''''
=13 °5 6 '0 1"""""""""""""""""""""""""""""""""""""""""
L=9 1.8 8 '''''''''''''''''''''''''''''''''''''''''R =3 3 0 .0 0 '''''''''''''''''''''''''''''''''''''''''
=15 °5 7 '0 9 """""""""""""""""""""""""""""""""""""""""L=52.08'''''''''''''''''''''''''''''''''''''''''R=10
0.00'''''''''''''''''''''''''''''''''''''''''=2
9°50'25 """""""""""""""""""""""""""""""""""""""""L=45 .74 '''''''''''''''''''''''''''''''''''''''''R=100.0 0 '''''''''''''''''''''''''''''''''''''''''=26°12 '3 1 """""""""""""""""""""""""""""""""""""""""
C1
C2
C3C 4Longbow LaneN 08°44'23" EN 05°11'38" WN 00°00'00" E 426.04'S 79°14'29" E 198.48'
N 81°15'37" W 237.63'
96.76'
N 84°48'22" E
S 84°48'22" W
78.44'S 05°11'38" E 287.75'N 81°15'37" W 262.30'
S 84°48'22" W 186.98'
S 79°14'29" E 234.72'
N 84°48'22" E 209.01'S 05°11'38" E 494.88'N 00°00'00" E 495.10'L =12 1.5 9 '''''''''''''''''''''''''''''''''''''''''
R =5 0 0 '''''''''''''''''''''''''''''''''''''''''
=13 °5 6 '0 1"""""""""""""""""""""""""""""""""""""""""
L =8 3 .5 3 '''''''''''''''''''''''''''''''''''''''''
R =3 0 0 '''''''''''''''''''''''''''''''''''''''''
=15 °5 7 '0 9 """""""""""""""""""""""""""""""""""""""""
30'30'
30'30'37'37'45'45'
45'45'30'30'30'30'37'37'S 42°25'38" W
44.47'
LOT 1
4.4928 ACRES
195,705 SQ.FT.
R-2 ZONING
268,291 SQ FT
6.1591 ACRES
BLOCK 4
BLOCK 7 Minor Subdiv. No. 201ABLOCK 18
BLOCK 3
LOT 3ALOT 10
LOT 1
LOT 10
LOT 7
LOT 11
LOT 6
BLOCK 8
LOT 6 LOT 1
LOT 9
BLOCK 34LOT 5
LOT 1
LOT 4
LOT 8
BLOCK 9
LOT 3
Glenellen Drive
Annie Street
POINT OF
BEGINNING
CURVE TABLE
CURVE RADIUS ARC LENGTH CHORD LENGTH DELTA ANGLE
C1 25.00' 27.88' 26.46' 63°53'46"
C2 25.00' 24.41' 23.45' 55°56'39"
C3 25.00' 24.41' 23.45' 55°56'39"
C4 25.00' 26.30' 25.10' 60°15'51"
LEGEND
PROPERTY LINE
ADJOINING PROPERTY LINE
PROPERTY SUBJECT TO ZMA
(B-1 TO R-2)
0 100 200
#13028
LAUREL GLEN LOT 1, BLOCK 4, ZONE MAP AMENDMENT
LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION - PHASE 1
LOCATED IN THE S 1/2, SECTION 4, T. 2 S., R. 5 E. OF P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
Lot 1, Block 4 and portions of the adjacent street right-of-ways, Laurel Glen Subdivision, Phase 1, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South
Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana
and further described as follows:
Commencing at the southwest corner of Lot 1, Block 4, Laurel Glen Subdivision, Phase 1; thence South
42°25'38" West 44.47 feet, assumed bearing, to the point of beginning; thence due NORTH 495.10 feet;
thence South 79°14'29" East 234.72 feet; thence easterly 83.53 feet on a tangential curve concave to the
north, radius 300.00 feet and central angle 015°57'09"; thence North 84°48'22" East 209.01 feet; thence
South 05°11'38" East 494.88 feet; thence South 84°48'22" West 186.98 feet; thence westerly 121.59 feet
on a tangential curve concave to the north, radius 500.00 feet and central angle 013°56'01"; thence North
81°15'37" West 262.30 feet to the point of beginning.
Area = 268,291 square feet or 6.1591 acres. Subject to existing easements.
LEGAL DESCRIPTION
139