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Home My WebLink About11 Prov Ord 1897 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional adoption of Ordinance 1897 amending the Bozeman Zoning Map at 856 Loxley Drive from B-1 (Neighborhood Business) to R-2 (Residential Two- Household Medium Density) on 3.002 acres at Lot 1, Block 9, Laurel Glen Subdivision Phase 1. Application Z14071. MEETING DATE: December 8, 2014 AGENDA ITEM TYPE: Consent. RECOMMENDATION: Provisional adoption of Ordinance 1897. MOTION: I hereby provisionally adopt Ordinance 1897 to amend the zoning map from B-1 (Neighborhood Business District) to R-2 (Residential Two-Household Medium Density) on 3.002 acres at Lot 1, Block 9, Laurel Glen Subdivision Phase 1. BACKGROUND: On July 21, 2014 the City Commission approved this zone map amendment subject to several contingencies. Those contingencies have been met and the implementing ordinance has been prepared. Adoption of the attached ordinance will enact the prior approval. UNRESOLVED ISSUES: None ALTERNATIVES: Approve or deny the ordinance. FISCAL EFFECTS: No effects on any budget items are expected with this action. Attachments: Ordinance 1897 Exhibit Map Report compiled on: November 25, 2014 123 Page 1 of 4 ORDINANCE NO. 1897 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM THE B-1 NEIGHBORHOOD BUSINESS DISTRICT TO THE R-2 RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT ON 3.002 ACRES AT 856 LOXLEY DRIVE. 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 Section 2.05.2700, BMC 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 amend the existing designation of “B-1” (Neighborhood Business District) to “R-2” (Residential Two-Household Medium Density District) on 3.002 acres has been properly submitted, reviewed and advertised; and 124 Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 2 of 4 WHEREAS; the Bozeman Zoning Commission held a public hearing on July 7, 2014, 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 as requested by the applicant subject to contingencies necessary to complete adoption by ordinance; and WHEREAS; after proper notice, the City Commission held its public hearing on July 21, 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 would be in compliance with the criteria. 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 changed from “B-1” (Neighborhood Business District) to “R-2” (Residential Two-Household Medium Density District): Lot 1, Block 9 and portions of the adjacent street right-of-ways, Laurel Glen Subdivision, Phase 1, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana and further described as follows: Commencing at the southwest corner of Lot 1, Block 9, Laurel Glen Subdivision, Phase 1, the point of beginning; thence due WEST 30.00 feet, assumed bearing; thence due NORTH 421.78 feet to a point on a curve with the center of circle lying North 06°20'29" East 500.00 feet from said point; thence easterly 100.66 feet on said curve, radius 500.00 feet and central angle 011°32'07"; thence North 84°48'22" East 186.98 feet; thence South 125 Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 3 of 4 05°11'38" East 414.44 feet; thence southerly 23.59 feet on a tangential curve concave to the west, radius 400.00 feet and central angle 003°22'45"; thence South 88°11'06" West 45.00 feet; thence due WEST 250.69 feet to the point of beginning. Area = 130,766 square feet or 3.0020 acres. Subject to existing easements. 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. 126 Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 4 of 4 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 “Zone Map Amendments.” 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 8th day of December 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 ____________________, 201_. The effective date of this ordinance is __________, __, 201_. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 127 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH DELTA ANGLE C1 537' 73.91' 73.86'7°53'11" C2 25' 26.3'25.1'60°15'51" C3 100' 45.74'45.34'26°12'31" C4 25' 24.41'23.45'55°56'39" C5 355' 20.94'20.93'3°22'45" C6 500' 100.66' 100.49'11°32'07" C7 400' 23.59'23.59'3°22'45" LEGEND PROPERTY LINE ADJOINING PROPERTY LINE PROPERTY SUBJECT TO ZMA (B-1 TO R-2)Laurel ParkwayLongbow LaneLoxley Drive72'37'37'LOT 1 BLOCK 4 Minor Subdiv. No. 201A LOT 2A LOT 10 LOT 1 LOT 2 LOT 12 BLOCK 8 LOT 3 LOT 11 Annie Street POINT OF BEGINNING LOT 1 2.0419 ACRES 88,944 SQ.FT. BLOCK 9 78.44' N 84°48'22" E N 05°11'38" W 310.88'N 00°00'00" W 382.32'45' 45' 30'30' 30'30' C1 C2 C 3 C4 C5R-2 ZONING 130,766 SQ FT 3.0020 ACRES Ethan Way S 05°11'38" E 414.44'N 00°00'00" W 421.78'N 84°48'22" E 186.98' LOT 2 LOT 3 LOT 4 LOT 13 LOT 14 45.00' S 88°11'06" W 45' 45' 30.00' N 90°00'00" W C6 C7LOT 15 LOT 16LOT 7 LOT 4 LOT 5 LOT 6 60'60'60'90' EXISTING R-1 ZONING PLI ZONING R-1 ZONING EXISTING R-2 ZONING R-2 ZONING EXISTINGN 06°20'29" EN 05°11'38" WN 90°00'00" W 250.69' 0 100 200 #14004 LAUREL GLEN LOT 1, BLOCK 9, ZONE MAP AMENDMENT LOCATED IN THE S 1/2, SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Lot 1, Block 9 and portions of the adjacent street right-of-ways, Laurel Glen Subdivision, Phase 1, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana and further described as follows: Commencing at the southwest corner of Lot 1, Block 9, Laurel Glen Subdivision, Phase 1, the point of beginning; thence due WEST 30.00 feet, assumed bearing; thence due NORTH 421.78 feet to a point on a curve with the center of circle lying North 06°20'29" East 500.00 feet from said point; thence easterly 100.66 feet on said curve, radius 500.00 feet and central angle 011°32'07"; thence North 84°48'22" East 186.98 feet; thence South 05°11'38" East 414.44 feet; thence southerly 23.59 feet on a tangential curve concave to the west, radius 400.00 feet and central angle 003°22'45"; thence South 88°11'06" West 45.00 feet; thence due WEST 250.69 feet to the point of beginning. Area = 130,766 square feet or 3.0020 acres. Subject to existing easements. LEGAL DESCRIPTION 128