HomeMy WebLinkAboutFinally Adopt Ordinance 1889 Simmental Zone Map Amendment_12
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 1889 approving the Simmental Zone Map
Amendment to establish initial zoning designation of R-O (Residential
Office District) on 4.718 acres. The property is located southeast of the
intersection of Campbell Road and Springhill Road. Application Z13255.
MEETING DATE: May 5, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1889 for a zone map amendment to
establish initial zoning designation of R-O (Residential Office District) on 4.718 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 13, 2014, I hereby finally adopt Ordinance 1889 for a zone map
amendment to establish initial zoning designation of R-O on Lot 1, Block 2, Walker Property
Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana.”
BACKGROUND: The property owner First Montana Bank, with representative Madison
Engineering, received preliminary approval to annex 4.718 acres on January 13, 2014. The
property has been purchased by American Simmental Association. The annexation agreement
was signed by the new owners and returned to the City for processing. The initial zoning of R-O (Residential Office 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 13, 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 1889
Simmental ZMA Exhibit Report compiled on: April 11, 2014
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Page 1 of 5
ORDINANCE NO. 1889
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-O (RESIDENTIAL OFFICE DISTRICT) ON
4.718 ACRES FOR PROPERTY WHICH IS DESCRIBED AS LOT 1, BLOCK 2,
WALKER PROPERTY SUBDIVISION, A PLANNED UNIT DEVELOPMENT,
SITUATED IN THE SE1/4 OF SECTION 26, T1S, 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-O” (Residential Office District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on December 17,
2013, to receive and review all written and oral testimony on the request for a zone map
amendment; and
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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 for R-O zoning for a tract of land being Lot 1, Block 2, Walker
Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S,
R5E, PMM, Gallatin County, Montana subject to contingencies: and
WHEREAS, after proper notice, the City Commission held its public hearing on January
13, 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 establishing initial municipal zoning of R-O (Residential Office
District) for Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated
in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana would be in compliance
with the criteria; and
WHEREAS, at its meeting held on January 13, 2014, the City Commission found that
the proposed zone map amendment for Lot 1, Block 2, Walker Property Subdivision, a Planned
Unit Development, situated in the SE1/4 of Section 26, T1S, 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-O" (Residential Office District):
Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development,
situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana
and adjacent right-of-way and said tract being further described as follows:
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Campbell Road Right-of-Way
A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the
northern boundary of Lot 1, Block 2 of the Amended Plat of Walker property
Subdivision, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5
East, P.M.M., Gallatin County, Montana, more particularly described as follows:
BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from
which a Gaston yellow plastic cap bears North 89° 59’ 52" West a distance of 3.60 feet;
thence North 01° 39' 19" West a distance of 60.03 feet to a calculated position;
thence South 89° 59' 52" East a distance of 73.08 feet to a calculated position;
thence east a distance of 226.56 feet along a tangential curve concave south having
a radius of 767.73 feet, a central angle of 16° 54' 30", a chord bearing of South 81° 32'
38" East
and a chord length of 225.74 feet to a calculated position to a calculated position;
thence South 16° 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap;
thence west a distance of 208.86 feet along a non-tangential curve concave south
having a radius of 707.77 feet, a central angle of 16° 54' 27", a chord bearing
of North 81° 32' 39" West and a chord length of 208.10 feet to a calculated position;
thence North 89° 59' 52" West a distance of 71.34 feet to the Point of Beginning
containing acres 0.4000 acres more or less.
A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit
Development, situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County,
Montana and being further described as follows:
Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE
corner of the intersection of Springhill Road and Campbell Road; thence from said point
of beginning along the southerly right-of- way of Campbell Road the following two
courses, (1) S89°59’52”E 74.94 feet and (2) along a curve to the right with a radius of
707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract
in said Block 2; thence along said line the following two courses, (1) S41°15’21”E
598.12 feet, and (2) S39°54’20”W 121.62 feet to a point on the northerly right-of-way
line of North 19th Avenue; thence along said line the following three courses, (1) along a
non-tangent curve to the left having a radial bearing of N37°25’00”E, a radius of 1094.93
feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance of
N70°25’33W 268.10 feet, and (3) N73°01’05”W 112.20 feet to a point on the easterly
right-of-way line of Springhill Road; thence along said line the following three courses,
(1) along a non-tangent curve to the right having a radial bearing of S87°21’38”W, a
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Ordinance No. 1889, Simmental Zone Map Amendment
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radius of 7579.40 feet 177.41 feet, (2) N44°26’32”W 27.69 feet, (3) N01°46’48”E 125.23
feet to the point of beginning. Said Tract being 4.318 acres.
The described area has a computed area of 4.718 acres, more or less as described
on the Simmental 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
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.”
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Section 6
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 21st of April, 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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