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Home My WebLink About08-20-07_Finally Adopt Ordinance No_ 1689, Mandeville Creek_6 Report compiled on August 15, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Second Reading Ord. 1689 initial zoning of Mandeville Creek annexation MEETING DATE: Monday, August 20, 2007 RECOMMENDATION: Finally adopt Ordinance 1689 giving initial zoning of R-1 and R-2 as previously approved by the Commission. BACKGROUND: The City Commission previously approved annexation of land located along South 19th Avenue. The required annexation agreement has been returned and is complete. This ordinance adopts the initial zoning previously approved by the Commission with the original annexation/zone map amendment process. UNRESOLVED ISSUES: None identified at this time. FISCAL EFFECTS: Additional revenues will be obtained from newly annexed land and additional costs for services will be incurred. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have questions prior to August 20th. Respectfully submitted, Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Ordinance 1689 22 ORDINANCE NO. 1689 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-2" (RESIDENTIAL TWO HOUSEHOLD, MEDIUM DENSITY DISTRICT AND “R-1” (RESIDENTIAL LOW DENSITY) ON 79.98 ACRES LOCATED IN SECTIONS 24, T2S, R5E, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of “R-1", Residential Low Density District and “R-2” Residential Two Household Medium Density District, has been properly submitted, reviewed and advertised; and WHEREAS, after proper notice the Bozeman Zoning Commission held a public hearing on July 5, 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 on July 17, 2006, 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 twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment with alterations recommended by the Zoning Commission and Staff, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on July 17, 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. 23 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-1" (Residential Low Density District): An area located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4 of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being described by meets and bounds as follows: Beginning at the C-W 1/16 of said Section 24, thence along the west 1/16 line of said Section 24, S00º09'00"E, 1329.56 ft. to the SW 1#16 of said Section 24; thence along the south 1#16 line of said Section 24, S89º06'37"W, 1299.92 ft. to the intersection of said south 1/16 line and the eastern right-of-way of South 19th Avenue; thence along said eastern right-of-way, N01º05'45"W, 152.57 ft.; thence N00º33'15"W, 2508.72 ft. to the intersection of said eastern right-of-way and the north 1/16 line of said Section 24; thence along said north 1/16 line, N89º31'26"E, 1323.21 ft. to the NW1/16 of said Section 24; thence along the west 1/16 line of said Section 24, S00º00'45"E, 1322.41 ft. to the point of beginning, EXCEPTING the R-2 Parcel described below. The R-1 Parcel contains 69.78 acres. Section 2 That the zoning district designation of the following-described property is hereby designated as "R-2" (Residential Two Household Medium Density District): An area located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4 of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being described by meets and bounds as follows: Beginning at a point from which the C-W 1/16 of said Section 24 bears N23º13'41"W, 428.43 ft.; thence N23º13'41"E, 428.43 ft.; thence N00º09'00"W, 393.47 ft.; thence N00º00'45"W, 399.46 ft.; thence S89º59'15"W, 800.00 ft.; thence S00º00'45"E, 400.42 ft.; thence S00º09'00"E, 394.43 ft.; thence N89º51'00"E, 170.00 ft.; thence N00º08'35"W, 414.82 ft.; thence N89º57'38"E, 460.00 ft.; thence S00º08'36"E, 413.93 ft.; thence N89º51'00"E, 170.00 ft. to the point of beginning, containing 10.20 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 24 Section 3 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 __th day of ______________, 200__. ______________________ JEFF KRAUSS Mayor ATTEST: ______________________ BRIT FONTENOT City Clerk 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 ________________ 200____. _______________________ JEFF KRAUSS Mayor ATTEST: ______________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ______________________ PAUL J. LUWE City Attorney 25 j1Jb 35 Mvollo LDIe JjlowrSw235 HBla7d 4 jUltt GrId 8t 4nottllnll mil VItPQIIltloo PICOSfQ2 60 Exist R Q W AlNdDwCfwl SYbd iviltL JRFCT PROprRTY arSCRIPTION The S of the N ond the N of the S of ectlon 24Township2SouthRoneSEostPrlnclpolMerldlonMontono Gollotln County Montono being described by meets ond bounds os follows Beginning ot the C W X of sold Section 24 thence olong the west X IIn of sold S ctlon 24 Soo09 OO E 1329 56 ft to the SW X of sold Section 24 thence olon the south X line of sold S ction 24 S8906 37 W 1299 92 ft to tho Intersection of sold south X line ond the eostem rlght of woy of South 19th Avenue thonce olong sold eostern rlght of woy N01 Os 45 W 15257 ft thence Noo 33 1 SoW 2508 72 ft to the Int ctlon of sold eostern rlght of woy ond tho north X IIn of sold Section 24 thence olong sold north X IIn N89 J1 26 E 1323 21 ft 10 tho NWX of sold Section 24 thence olong the west X line of sold Section 24 Soo00 45 E 1322 41 ft to the point of beginning contolnln 79 98 ocre oLEGEND City Limits Zoning Boundary Subject Property Boundary 7585 Shedhorn Drive BO1eman MT 59718 Pnone 4Oe 522 9526 rO 406 522 91128 MAil eoen nrOmt not J I aSl c o u o o o L IlO Public St on I 50 Exist R Q W 10 P bllc St tz0 Slswt 1lHRW S4 NJW4 SZISJIlnUt1iITOIlJl tIi Ja uwr n1 SW ClWti2 md rwbar b ow IIpII1ItlUrl af AVII Cor Aliia J p X1 swi NWi 524 T25 R5E SUBJECT PROPERTY PROPOSED R 1 ZONING 69 78 Ie S59 5915 W 800 00 SUBJECT PROPERTY PROPOSED R 2 ZONING 10 20 Ie zo it Na 73a E o f I 8g Na9 OO E 170 00 Nwi SWr S24 T2S R5E b S ii37 W 299 92 I GRAPHIC SCALE i IN IBT Na9 OO E 170 00 Mandeville Creek Zone Map Amendment 8WV4 of the NW1I4 and the NWV4 of the 8WV4 824 T28 R6E PMM Gallatin Cculty MY3530CentennialDrive Helena MT 59601 Phone 406 442 6594 OX 406 442 6557 E MAIL seaennrGmt net NW Jf ori24 4LUSON ANNEX BON toN lNC ii g P O B T1 N Ir 4 43 8ill8 N 8 ptI 24 z uc sw1oor DESIGNED CADD CHECKED DATE SHEET 1 OF 1