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Home My WebLink AboutPacket 2007-02-20_424-432_Adopt Ordinance 1694, Louis Zone Map Amendment - File No. Z-05146 Report compiled on February 12, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Louis Zone Map Amendment #Z-05146 Consent Item MEETING DATE: Tuesday, February 20, 2007 RECOMMENDATION: That the City Commission formally adopts Commission Ordinance No. 1694, to establish a municipal zoning designation of “R-3” (Residential Medium Density District) on 4.0 acres of land referred to as the Louis Annexation, Zoning File No. Z-05146. BACKGROUND: A Zone Map Amendment application to establish an initial municipal zoning designation of “R-3” (Residential Medium Density District) on property being concurrently reviewed for annexation to the Bozeman City Limits on 4.0 acres of land located on the west side of Thomas Lane and north of Baxter Lane. Said zone map amendment approved by the City Commission in 2006 includes 3.6372 acres of partially developed suburban residential lots and 0.3628 acres of the adjoining Thomas Drive right-of-way. Attached please find the Zone Map Amendment Map and Commission Ordinance No. 1694. UNRESOLVED ISSUES: None identified at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any questions. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Zone Map Amendment Map Commission Ordinance No. 1694 425 426 ORDINANCE NO. 1694 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 4.0± ACRES SITUATED IN THE EAST ONE-HALF, EAST ONE-HALF, SOUTHEAST ONE-QUARTER, SOUTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE WEST SIDE OF THOMAS DRIVE AND NORTH OF BAXTER LANE. WHEREAS, the proposed zone map amendment to establish an initial zoning designation of “R-4”, (Residential High Density District) on 4.55± acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on October 18, 2005, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, Blair McGavin, 1013 Thomas Drive, spoke in favor of the proposed “R-4” zoning designation on said lands; and WHEREAS, the City of Bozeman Zoning Commission found that the request for a zone map amendment to establish a “R-4” (Residential High District) zoning designation would not comply with the twelve (12) criteria established in Title 76-2-304, MCA; and WHEREAS, the City of Bozeman Zoning Commission found that a zone map amendment to establish a “R-3” (Residential Medium Density District) zoning designation would comply with the twelve (12) criteria established in Title 76-2-304, MCA; and WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman City Commission that the zone map amendment to establish a municipal zoning designation of “R-4” (Residential High Density District) on said 4.55 acres be denied, passed on a vote of 3-0; and 427 - 2- WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman City Commission that the zone map amendment be approved as “R-3” (Residential Medium Density District) on said 4.55 acres, passed on a vote of 3-0; and WHEREAS, after proper notice, a public hearing was set before the City Commission on December 19, 2005, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, William H. Louis, 1242 Thomas Drive, applicant, requested that the public hearing on said request for a zone map amendment before the City Commission be opened and continued to January 17, 2006; and WHEREAS, the City Commission opened and held its public hearing on January 17, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Planning Office provided written testimony dated November 29, 2005 from Bruce W. Campbell, 1163 Thomas Drive, landowner of Lot 1, Baxter Lane Subdivision No. 1, formally requesting to be removed from said zone map amendment request; and WHEREAS, no members of the general public spoke in opposition to, or in favor of, the proposed “R-4” zoning designation for said zone map amendment; and WHEREAS, the City Commission, finding there was no public testimony elected to waive its Rules of Procedure to postpone its decision on week and make a decision on said matter; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and 428 - 3 - WHEREAS, the City Commission found that a “R-4”, (Residential High Density District) zoning designation for the proposed zone map amendment would not be in compliance with the Bozeman Area Master Plan and would not be in the public interest upon annexation of the subject property; and WHEREAS, the City Commission found that a “R-3”, (Residential Medium Density District) zoning designation for the proposed zone map amendment would be in compliance with the Bozeman Area Master Plan and would be in the public interest upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 4003, adopted on the 20th day of February, 2007. 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 initially established as "R-3" (Residential Medium Density District). Tract Lots 4, 5, 6 and 7 of Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and further described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 359° 55' 29", assumed azimuth from north 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7, Baxter Lane Subdivision No. 1, the point of beginning of the property to be described: thence continuing westerly 269° 16' 32" azimuth 300.63 feet along the south line of said Lot 7; thence northerly 359° 54' 30" azimuth 526.83 feet along the west line of Lots 7, 6, 5 and 4; thence easterly 089° 17' 21" azimuth 300.79 feet along the north line of said Lot 4; thence southerly 179° 54' 29" azimuth 526.76 feet along the east line of said Lots 4, 5, 6 and 7 to the point of beginning. Said Tract of land being 3.6372 acres of land, more or less, along with and subject to all existing easements of record or of fact; and Thomas Drive Dedicated Roadway 429 - 4 - That part of the Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 359° 55' 29" assumed azimuth from north, 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7 Baxter Lane Subdivision No. 1, the point of beginning of the property to be described: thence northerly 359° 55' 29" azimuth 526.76 feet along the westerly right of way line of Thomas Drive; thence easterly 089° 17' 21" azimuth 30.00 feet; thence southerly 179° 54' 29" azimuth 526.76 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the point of beginning. Said roadway of land being 0.3628 acres of land, more or less, along with and subject to all existing easements of record or of fact; and Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 20th day of February, 2007. ___________________________________ JEFFERY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk 430 - 5 - PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 5th day of March, 2007. ___________________________________ JEFFERY K, KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 431 432