HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-04-09 18-00_15-22_Finally adopt Ordinance 1698, Loyal Garden Zone Map Amendment
Report compiled on March 6, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jami Morris, Planning Consultant
SUBJECT: Final Adoption of Loyal Garden Zone Map Amendment
Ordinance No. 1698
MEETING DATE: Monday, April 9, 2007, Consent Item
RECOMMENDATION: The City Commission finally adopt Loyal Garden Zone Map
Amendment Ordinance No. 1698 to establish initial municipal zoning for Loyal Garden
Annexation. The effective date of this ordinance is May 9, 2007.
BACKGROUND: On March 26, 2007, the City Commission provisionally adopted Ordinance
No. 1698, Loyal Garden Zone Map Amendment.
The ordinance establishes a zoning designation of R-O Residential Office District on 10.26
acres, R-4 Residential High Density District on 3.98 acres, R-3 Residential Medium Density
District on 10.37 acres, R-2 Residential Two-household Medium Density District on 27.60 acres,
and R-1 Residential Single-household Low Density District on 22.83 acres. This is consistent
with the preliminary approval for Loyal Garden Annexation and Zone Map Amendment for
property generally located on the southeast corner of the intersection of Huffine Lane and
Cottonwood Road as preliminarily approved with contingencies by the City Commission on
February 21, 2006.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property,
when the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jami Morris at jamimorris@bresnan.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Ordinance No. 1698
Zone Amendment Map
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ORDINANCE NO. 1698
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN
ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL
ZONING DESIGNATION OF R-O RESIDENTIAL OFFICE
DISTRICT ON 10.26 ACRES, R-4 RESIDENTIAL HIGH DENSITY
DISTRICT ON 3.98 ACRES, R-3 RESIDENTIAL MEDIUM DENSITY
DISTRICT ON 10.37 ACRES, R-2 RESIDENTIAL TWO-
HOUSEHOLD MEDIUM DENSITY DISTRICT ON 27.60 ACRES,
AND R-1 RESIDENTIAL SINGLE-HOUSEHOLD LOW DENSITY
DISTRICT ON 22.83 ACRES LEGALLY DESCRIBED AS TRACT 1,
COS NO. 24 AND ALL PARCELS OF COS NO. 25, THAT PART OF
THE NE¼, OF SECTION 16, T2S, R5E, PMM, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of R-O
Residential Office District on 10.26 acres, R-4 Residential High Density District on 3.98 acres,
R-3 Residential Medium Density District on 10.37 acres, R-2 Residential Two-household
Medium Density District on 27.60 acres, and R-1 Residential Single-household Low Density
District on 22.83, has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on January 4,
2006, 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; and
WHEREAS, after proper notice, the City Commission held its public hearing February
21, 2006, to receive and review all written and oral testimony on the request for a zone map
amendment; 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 to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on February 21, 2006, the City Commission found
that the proposed zone map amendment would be in compliance with the City of Bozeman
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 on a tract of land being Tract 1, COS No. 24 and all
parcels of COS No. 25, that part of the NE¼, of Section 16, T2S, R5E, P.M.M., Gallatin
County, Montana, and being more particularly described as follows:
Zoning R-O
Commencing at the northeast corner of said Section 16; thence South 00°20’55” East, along the
east line of said section, a distance of 50.00 feet to the Point of Beginning; thence South
00°20’55” East, along the east line of said section, a distance of 699.76 feet to a point to be
hereinafter referred to as Point B; thence South 89°39’05” West, a distance of 301.86 feet to the
point of curvature of a curve to the left, having: a radius of 300.00 feet, a central angle of
18°31’51”, a chord bearing of South 80°23’09” West and a chord length of 96.61 feet; thence
along the arc of said curve a distance of 97.03 feet to the point of tangency; thence South
71°07’14” West, a distance of 87.23 feet to a point to be hereinafter referred to as Point C;
thence North 18°52’46” West, a distance of 185.37 feet to the point of curvature of a curve to the
left, having: a radius of 150.00 feet, a central angle of 58°33’04”, a chord bearing of North
48°09’18” West and a chord length of 146.70 feet; thence along the arc of said curve a distance
of 153.29 feet to the end of said curve; thence, on a non-tangent course, North 12°34’10” East, a
distance of 80.00 feet; thence North 18°52’46” West, a distance of 404.18 feet to a point on the
southerly line of the property described in Book 120 on Page 327 of Gallatin County records to
be hereinafter referred to as Point D; thence North 89°03’02” East, along said line, a distance of
719.34 feet; thence North 89°38’47” East, along said line, a distance of 38.78 feet to the Point of
Beginning.
The described parcel contains 10.26 acres, more or less.
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Zoning R-4
Beginning at the point hereinbefore referred to as Point D; thence South 18°52’46” East, a
distance of 404.18 feet; thence South 12°34’10” West, a distance of 80.00 feet; thence along a
non-tangent curve to the left, having: a radius of 150.00 feet, a central angle of 31°26’56”, a
chord bearing of South 86°50’42” West and a chord length of 81.30 feet; thence along the arc of
said curve a distance of 82.33 feet to the point of tangency; thence South 71°07’14” West, a
distance of 271.29 feet; thence North 18°52’46” West, a distance of 150.00 feet; thence North
00°21’29” West, a distance of 406.29 feet to a point on the southerly line of the property
described in Book 120 on Page 327 of Gallatin County records; thence North 89°03’02” East,
along said line, a distance of 275.62 feet to the Point of Beginning.
The described parcel contains 3.98 acres, more or less.
Zoning R-3
Beginning at the point hereinbefore referred to as Point C; thence South 71°07’14” West, a
distance of 569.05 feet to the point of curvature of a curve to the right, having: a radius of 150.00
feet, a central angle of 18°31’17”, a chord bearing of South 80°22’52” West and a chord length
of 48.28 feet; thence along the arc of said curve an arc length of 48.49 feet to the point of
tangency; thence South 89°38’31” West, a distance of 266.43 feet to a point on the west line of
Certificate of Survey No. 25; thence North 00°21’29” West, along said west line, a distance of
918.13 feet to a point on the southerly line of the property described in Book 120 on Page 327 of
Gallatin County records; thence North 89°03’02” East, along said line, a distance of 300.02 feet;
thence South 00°21’29” East, a distance of 406.29 feet; thence South 18°52’46” East, a distance
of 150.00 feet; thence North 71°07’14” East, a distance of 271.29 feet to the point of curvature of
a curve to the left, having: a radius of 150.00 feet, a central angle of 90°00’00”, a chord bearing
of South 63°52’46” East and a chord length of 212.13 feet; thence along the arc of said curve an
arc length of 235.62 feet to the point of tangency; thence South 18°52’46” East, a distance of
185.37 feet to the Point of Beginning.
The described parcel contains 10.37 acres, more or less.
Zoning R-2
Beginning at the point hereinbefore referred to as Point B; thence South 00°20’55” East, along
the east line of Section 16, a distance of 903.37 feet to a point to be hereinafter referred to as
Point E; thence South 89°39’05” West, a distance of 322.40 feet to the point of curvature of a
curve to the left, having: a radius of 300.00 feet, a central angle of 18°31’51”, a chord bearing of
South 80°23’09” West and a chord length of 96.61 feet; thence along the arc of said curve a
distance of 97.03 feet to the point of tangency; thence South 71°07’14” West, a distance of
349.70 feet to the point of curvature of a curve to the right, having: a radius of 1000.00 feet, a
central angle of 18°31’17”, a chord bearing of South 80°22’52” West and a chord length of
321.86 feet; thence along the arc of said curve an arc length of 323.26 feet to the point of
tangency; thence South 89°38’31” West, a distance of 136.43 feet; thence South 00°21’29” East,
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a distance of 170.00 feet; thence South 88°33’36” West, a distance of 130.02 feet to the
southwest corner of Certificate of Survey No. 25; thence North 00°21’29” West, along the west
line of said survey, a distance of 1022.46 feet; thence North 89°38’31” East, a distance of 266.43
feet to the point of curvature of a curve to the left, having: a radius of 150.00 feet, a central angle
of 18°31’17”, a chord bearing of North 80°22’52” East and a chord length of 48.28 feet; thence
along the arc of said curve a distance of 48.49 feet to the point of tangency; thence North
71°07’14” East, a distance of 656.28 feet to the point of curvature of a curve to the right, having:
a radius of 300.00 feet, a central angle of 18°31’51”, a chord bearing of North 80°23’09” East
and a chord length of 96.61 feet; thence along the arc of said curve a distance of 97.03 feet to the
point of tangency; thence North 89°39’05” East, a distance of 301.86 feet to the Point of
Beginning.
The described parcel contains 27.60 acres, more or less.
Zoning R-1
Beginning at the point hereinbefore referred to as Point E; thence South 00°20’55” East, along
the east line of Section 16, a distance of 824.93 feet to the southeast corner of Certificate of
Survey No. 24; thence westerly on the following 5 courses, being along the southerly line of the
Farmers Canal as shown on said Certificate of Survey No. 24;
North 86°16’14” West, a distance of 86.79 feet;
North 66°43’13” West, a distance of 126.67 feet;
North 68°12’19” West, a distance of 165.58 feet;
South 86°51’46” West, a distance of 105.69 feet;
South 63°49’58” West, a distance of 693.00 feet;
thence South 89°24’28” West, along the south line of said survey, a distance of 248.40 feet to the
southwest corner of said survey; thence North 00°18’47” West, along the west line of said
survey, a distance of 662.56 feet; thence North 88°33’36” East, a distance of 130.02 feet; thence
North 00°21’29” West, a distance of 170.00 feet; thence North 89°38’31” East, a distance of
136.43 feet to the point of curvature of a curve to the left, having: a radius of 1000.00 feet, a
central angle of 18°31’17”, a chord bearing of North 80°22’52” East and a chord length of
321.86 feet; thence along the arc of said curve a distance of 323.26 feet to the point of tangency;
thence North 71°07’14” East, a distance of 349.70 feet to the point of curvature of a curve to the
right, having: a radius of 300.00 feet, a central angle of 18°31’51”, a chord bearing of North
80°23’09” East and a chord length of 96.61 feet; thence along the arc of said curve a distance of
97.03 feet to the point of tangency; thence North 89°39’05” East, a distance of 322.40 feet to the
Point of Beginning.
The described parcel contains 22.83 acres, more or less.
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Section 2
The effective date is May 9, 2007, thirty days after final adoption of this ordinance on
second reading.
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 9th day of April 2007.
___________________________________
JEFF KRAUSS
Mayor
ATTEST:
___________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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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 _____
day of __________________________ 2007.
_______________________
JEFF KRAUSS
MAYOR
ATTEST:
______________________
BRIT FONTENOT
CLERK OF COMMISSION
APPROVED AS TO FORM:
______________________
PAUL J. LUWE
CITY ATTORNEY
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