HomeMy WebLinkAboutProvisionally Adopt Ordinance 1884, Oak Meadows II Zone Map Amendment_11 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: Provisional Adoption of Ordinance 1884 approving the Oak Meadows II
Zone Map Amendment to rezone existing R-4 (Residential High Density)
to B-2 (Community Business). The property is generally south of Oak
Street between 12th and 14th Avenues, Application Z13175.
MEETING DATE: March 3, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission provisionally approves Ordinance 1884 for
a zone map amendment to allow a change from R-4 to B-2 for land being Lot 1 and Open Space
1 in Block 5, and Lot 1 Open Space 2 in Block 4 and a portion of Park 1 of the Plat of Oak
Meadows Subdivision.
SUGGESTED 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 1884 for a
zone map amendment to rezone existing R-4 to B-2 on Lot 1 and Open Space 1 in Block 5, and Lot 1 Open Space 2 in Block 4 and a portion of Park 1 of the Plat of Oak Meadows Subdivision, City of Bozeman, Montana.”
BACKGROUND: The property owner, RES-MT Oak Meadows, LLC, represented by PC
Associates, LLC, made application to the City to amend the City of Bozeman Zone Map from R-
4 (Residential High Density District) to B-2 (Community Business District) on approximately 3.877-acres. The request was in conjunction with Growth Policy Amendment approved by the
City Commission on January 13, 2014 (P13125). The Zoning Commission recommended
approval of the rezoning from R-4 to B-2 at their public hearing on November 19, 2013. The
City Commission provisionally approved the zone map amendment application on January 27,
2014 subject to two contingencies necessary for the preparation of the final ordinance, and now requires the implementing ordinance. No public comment has been received on this application.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1. Approve Ordinance 1884
2. Deny Ordinance 1884
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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.
Attachments: Ordinance 1884 ZMA Exhibit
Report compiled on: February 13, 2014
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ORDINANCE NO. 1884
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO REZONE
EXISTING R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) TO B-2 (COMMUNITY BUSINESS DISTRICT) ON 3.877 ACRES FOR PROPERTY WHICH IS DESCRIBED AS LOT 1 AND OPEN SPACE 1 IN BLOCK 5, AND LOT 1 AND OPEN SPACE 2 IN BLOCK 4, AND A PORTION OF PARK 1 OF THE PLAT OF OAK MEADOWS
SUBDIVISION, AND PORTIONS OF NORTH 14TH AVENUE AND NORTH 12TH
AVENUE, AS PLATTED IN SAID SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, 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 rezone existing “R-4” (Residential High Density) to “B-2” (Community Business
District) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on November 19,
2013, to receive and review all written and oral testimony on the request for a zone map
amendment; and
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Ordinance No. 1884, Oak Meadows II Zone Map Amendment
Page 2 of 5
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. Z13175 for
approval of “R-4” (Residential High Density) to “B-2” (Community Business District) for land
being Lot 1 and Open Space 1 in Block 5, and Lot 1 and Open Space 2 in Block 4, and a portion
of Park 1 of the Plat of Oak Meadows Subdivision, and portions of North 14th Avenue and North
12th Avenue, as platted in said subdivision, said tract being located in the Southwest Quarter of
Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana; 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 zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment rezoning “R-4” (Residential High Density) to “B-2”
(Community Business District) for Lot 1 and Open Space 1 in Block 5, and Lot 1 and Open
Space 2 in Block 4, and a portion of Park 1 of the Plat of Oak Meadows Subdivision, and
portions of North 14th Avenue and North 12th Avenue, as platted in said subdivision, said tract
being located in the SW ¼ of Section One, T02S, R5E, P.M.M., City of Bozeman, Gallatin
County, Montana; would be in compliance with the criteria; and
WHEREAS, at its meeting held on January 27, 2014, the City Commission found that
the proposed zone map amendment for Lot 1 and Open Space 1 in Block 5, and Lot 1 and Open
Space 2 in Block 4, and a portion of Park 1 of the Plat of Oak Meadows Subdivision, and
portions of North 14th Avenue and North 12th Avenue, as platted in said subdivision, said tract
being located in the SW ¼ of Section One, T02S, R5E, P.M.M., City of Bozeman, Gallatin
County, Montana would be in compliance with Bozeman’s adopted growth policy and would be
in the public interest.
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Ordinance No. 1884, Oak Meadows II Zone Map Amendment
Page 3 of 5
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 “B-2” (Community Business District):
A tract of land, said tract being Lot 1 and Open Space 1 in Block 5, and Lot 1
and Open Space 2 in Block 4, and a portion of Park 1 of the Plat of Oak
Meadows Subdivision, filed in Book J of Plats, Page 459 of Gallatin County
Records, and portions of North 14th Avenue and North 12th Avenue, as platted
in said subdivision, said tract being located in the Southwest Quarter of Section
1, Township 2 South, Range 5 East, Principal Meridian Montana, City of
Bozeman, Gallatin County, Montana and being further described as follows:
Beginning at the northwest corner of said Open Space 1; thence South
87°56'02" East, on the north line of said Open Space 1 and 2, and Park 1, a
distance of 600.00 feet; thence South 87°56'02" East, on the easterly extension
of the north line of said Open Space 2, a distance of 40.00 feet; thence South
01°33'38" West, on the east line of North 12th Avenue, a distance of 252.73 feet;
thence North 88°29'05" West, on the easterly extension of the south line of said
Lot 1, Block 4, a distance of 40.00 feet; thence North 88°29'05" West, on the
south lines of said Lot 1, Block 4 and Lot 1, Block 5 and on the extension of
said lines through said Park 1, a distance of 599.79 feet; thence North 88°29'05"
West, on the westerly extension of said Lot 1, Block 5, a distance of 20.00 feet;
thence North 01°31'08" East, on the west line of Oak Meadows Subdivision, a
distance of 259.07 feet; thence South 87°56'02" East, on the westerly extension
of the north line of said Open Space 1, a distance of 20.00 feet to the Point of
Beginning.
The described tract has an area of 3.877 Acres. The described tract is along with
and subject to any existing easements and as described on the Oak Meadows II
Zone Map Amendment Map, Exhibit A to this ordinance.
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Ordinance No. 1884, Oak Meadows II Zone Map Amendment
Page 4 of 5
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 No. 1884, Oak Meadows II 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 3rd day of March, 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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ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
ZONING B-2 (PREVIOUSLY R-4)
A TRACT OF LAND, SAID TRACT BEING LOT 1 AND OPEN SPACE 1 IN BLOCK 5, AND LOT 1 AND OPEN SPACE 2
IN BLOCK 4 AND A PORTION OF PARK 1 OF THE PLAT OF OAK MEADOWS SUBDIVISION, FILED IN BOOK J OF
PLATS, PAGE 459 OF GALLATIN COUNTY RECORDS, AND PORTIONS OF NORTH 12TH AVENUE AND NORTH
14TH AVENUE AS PLATTED IN SAID SUBDIVISION, SAID TRACT BEING LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
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EXHIBIT A
OAK MEADOWS II ZONE MAP AMENDMENT
ZONING B-2
Legal Description
A tract of land, said tract being Lot 1 and Open Space 1 in Block 5, and Lot 1 and Open Space 2 in Block 4, and a portion of Park 1 of the Plat of Oak Meadows Subdivision, filed in Book J of
Plats, Page 459 of Gallatin County Records, and portions of North 14th Avenue and North 12th
Avenue, as platted in said subdivision, said tract being located in the Southwest Quarter of
Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana and being further described as follows:
Beginning at the northwest corner of said Open Space 1; thence South 87°56'02" East, on the
north line of said Open Space 1 and 2, and Park 1, a distance of 600.00 feet; thence South
87°56'02" East, on the easterly extension of the north line of said Open Space 2, a distance of
40.00 feet; thence South 01°33'38" West, on the east line of North 12th Avenue, a distance of 252.73 feet; thence North 88°29'05" West, on the easterly extension of the south line of said Lot 1, Block 4, a distance of 40.00 feet; thence North 88°29'05" West, on the south lines of said Lot
1, Block 4 and Lot 1, Block 5 and on the extension of said lines through said Park 1, a distance
of 599.79 feet; thence North 88°29'05" West, on the westerly extension of said Lot 1, Block 5, a
distance of 20.00 feet; thence North 01°31'08" East, on the west line of Oak Meadows Subdivision, a distance of 259.07 feet; thence South 87°56'02" East, on the westerly extension of the north line of said Open Space 1, a distance of 20.00 feet to the Point of Beginning.
The described tract has an area of 3.877 Acres. The described tract is along with and subject to
any existing easements.
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