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Home My WebLink AboutC4. Prov Ord 1911 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Brekke, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Provisional adoption of Ordinance 1911 to amend the City of Bozeman Zone Map to establish an initial zoning classification of R-4 (Residential High Density District) for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single-Household, Low Density District) to R-4 zoning, on 1.965 acres south of Lincoln Road and between Alder Court Lane and Maple Lane. Application No. Z14280. MEETING DATE: May 4, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisionally adopt Ordinance 1911. MOTION: I hereby provisionally adopt Ordinance 1911 to amend the City of Bozeman Zoning Map to establish an initial zoning classification of R-4 (Residential High Density District) for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single-Household, Low Density District) to R-4 zoning, on 1.965 acres known as the Broadleaf Zone Map Amendment. BACKGROUND: This application was initially approved by the City Commission on December 15, 2014. The Zoning Commission conducted their public hearing on November 18, 2014 and found that the application complied with all required criteria. Therefore, they recommended approval of the application to the City Commission. The City Commission approval of the application on December 15, 2014 was contingent on the applicant providing the necessary information to complete the amendment process. The required information has been provided and the necessary ordinance drafted to complete the amendment process. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Approve the ordinance as drafted. 2) Disapprove the ordinance. 3) As determined by the Commission. FISCAL EFFECTS: This action will not affect any budgeted expenditures. Attachments: Ordinance 1911 Ordinance exhibit map Report compiled on: April 28, 2015 41 42 Page 1 of 5 ORDINANCE NO. 1911 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.335 ACRES TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) AND TO CHANGE FROM R-1 (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) TO R-4 1.63 ACRES LOCATED SOUTH OF LINCOLN ROAD AND BETWEEN ALDER COURT LANE AND MAPLE LANE. 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 establish an initial zoning classification of R-4 (Residential High Density District) for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single-Household, Low Density District) to R-4 zoning, has been properly submitted, reviewed and advertised; and 43 Ordinance No. 1911, The Broadleaf Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on November 18, 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 December 15, 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 "R-4" (Residential High Density District): Four (4) tracts of land located in the SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the Northwest corner of Tract 1A of Beatty's Alder Court Subdivision (Plat Reference E-46-C), thence along the South right-of-way line of Lincoln Road N89°51'20"E a distance of 298.49 feet to a point on the West right-of-way line of Alder Court Lane; thence along said right-of-way line S00°04'43"E a distance of 183.89 feet to the Northeast corner of Tract 25 of Beatty's Alder Court Subdivision; thence along the North and West lines of said Beatty's Alder Court Subdivision, respectively, the two (2) following courses; 1) S89°46'11"W a distance of 131.57 feet; 2) S00°22'24"W a distance of 217.86 feet to the Northeast corner of Tract A of Certificate of Survey Number 573; thence along the North line of said Tract A S89°50'35"W a distance of 68.70 feet to the Southeast corner of unplatted lands; thence along the East and North lines of said unplatted lands, respectively, the two (2) following courses; 1) N00°23'19"E a distance of 104.14 feet; 2) S89°50'42"W a distance of 140.00 feet to a point on 44 Ordinance No. 1911, The Broadleaf Zone Map Amendment Page 3 of 5 the East line of Lot 5, Remington Addition to the City of Bozeman; thence along the East line of said Lot 5 N00°23'19"E a distance of 104.35 feet to a point on the South right-of-way line of Maple Lane; thence along said right-of-way line N89°50'42"E a distance of 40.11 feet; thence along the East right-of-way line of said Maple Lane N00°25'11"E a distance of 193.49 feet to the Pint of Beginning. Said tracts containing in area 1.965 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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. 45 Ordinance No. 1911, The Broadleaf Zone Map Amendment Page 4 of 5 Section 5 Codification. 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 4th day of May 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 46 Ordinance No. 1911, The Broadleaf Zone Map Amendment Page 5 of 5 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 ____________________, 2015. The effective date of this ordinance is __________, __, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 47