HomeMy WebLinkAboutC10. Pro Adopt ORD 1924 Evans Report Complied On September 23, 2015
REPORT TO: Honorable Mayor & City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 1924 establishing initial zoning of R-1 on
1.925 acres known as the Evans Zone Map Amendment #Z-10047. Located at 430 E Lincoln St.
MEETING DATE: October 5, 2015
AGENDA MEETING ITEM: Consent
RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1924, an initial municipal zoning designation of R-1 (Residential, Single Household Low Density District) in
conjunction with the completion of the Evans Annexation.
BACKGROUND: McCray and Delone Evans of 1524 South Rouse Avenue made application to the
Bozeman Planning Office to amend the City of Bozeman Zone Map and establish a municipal zoning designation on approximately 1.925+- acres of R-1 (Residential, Single Household Low Density
District) in conjunction with the annexation of the subject property into the City (Project #A-10002).
The owner/applicant’s, who currently live in the adjoining lot to the west, (already within the City
limits), have indicated in meetings with staff that upon annexation and zoning approval, they intend to construct one (1) single family home on the property and move to this property. The final approval of
this action was delayed due to the death of one of the parties. The remaining owner now wishes to
complete the process. It has been determined in consultation with the City Attorney that there is no
impediment to completing the annexation and initial zoning.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: As determined by the Commission
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable the applicant to construct a home and connect to the City sewer and water adjacent to the subject property.
This would increase tax values and corresponding revenue from the property. The City will accrue
additional costs to service the property with municipal service.
Attachments: Ordinance 1924
Map Exhibit
Commission Memorandum
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ORDINANCE NO. 1924
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE AREA OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 688 AS “R-1” (RESIDENTIAL SINGLE HOUSEHOLD LOW DENSITY) FOR
1.925 ACRES SITUATED IN THE SE ¼ OF SEC. 18, T2S, R6E,
PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of
"R-1" (Residential Single Household Low Density District) has been properly submitted,
reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 4,
2010, 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 proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on
June 7, 2010, 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
map amendment criteria established in Section 76-2-304, M.C.A., and found that the
proposed zone map amendment would be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on June 7, 2010, the City Commission found
that the proposed zone map amendment would be in compliance with Bozeman’s adopted
growth policy and would be in the public interest; and
WHEREAS, there was a delay in completion of the annexation due to the
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death of one of the signatories to the annexation agreement;
WHEREAS, the City has determined that regardless of the delay the
completion of the proposed zone map amendment would be in compliance with
Bozeman’s adopted 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 of the following-described property is
hereby designated as "R-1" (Residential Single Household Low Density District):
Tract 1 of Certificate of Survey No. 688 Located in the SE ¼ of Sec. 18, T2S, R6E, P.M.M., Gallatin County, Montana and more particularly
described as follows:
A tract of land, said tract being Tract 1 of Certificate of Survey No. 688, being located in
the Southeast Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana and being further described as follows:
Beginning at the northwest corner of said Tract 1; thence South 89°19'34" East, on the
north line of said tract, a distance of 373.26 feet, more or less, to the thread of Bozeman
Creek (aka Sourdough Creek); thence upstream on the thread of said creek, said thread being approximately dimensioned by the following 3 courses:
South 09°41'06" West, a distance of 68.52 feet;
South 24°18'35" West, a distance of 122.36 feet;
South 01°09'10" West, a distance of 69.05 feet, more or less, to the southeast corner of said tract;
thence North 89°06'41" West, on the south line of said tract, a distance of 310.00 feet,
more or less, to the southwest corner of Tract 1; thence North 00°00'07" East, on the west
line of said tract, a distance of 247.66 feet to the Point of Beginning.
The computed area of the described tract is 1.925 acres, more or less. The described tract
is along with and subject to any existing easements.
Section 2
The effective date is thirty days after final adoption of this ordinance on second
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reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first
reading, at a regular session thereof held on the ____ day of ___________________
2015.
_____________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
______________________________________
STACY ULMEN, 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 ________________ 2015.
_____________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
______________________________________
STACY ULMEN, City Clerk
APPROVED AS TO FORM:
______________________ TIM COOPER
Assistant City Attorney
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