HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-03-05 18-00_89-95_Finally Adopt Ordinance 1694, Louis Zone Map Amendment #Z-0514690
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
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designation of “R-4” (Residential High Density District) on said 4.55 acres be denied, passed on
a vote of 3-0; and
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 one week and make a decision on said
matter; and
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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
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'
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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
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.
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.
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.
__________________________________
JEFFREY K. KRAUSS
Mayor
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ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
__________________________________
PAUL J. LUWE
City Attorney
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