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Home My WebLink AboutC7. Provisional Ordinance 1937 George Smith Annex1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1937, George Smith Annexation Zone Map Amendment, for 1163 Thomas Drive. Application 15430. MEETING DATE: February 8, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1937 establishing R-4 (High Density Residential) for 1.1815 acres at 1163 Thomas Drive. BACKGROUND: On December 14, 2015 the City Commission preliminarily approved the George Smith Annexation. The companion zone map amendment was also approved for R-4 (High Density Residential). This is the same zoning designation as much of the surrounding municipal residential area. The annexation agreement has been returned and is being completed. Therefore, it is necessary to finalize the zoning as well. All required contingencies of approval have been satisfied. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1937 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 1937 Exhibit Map Report compiled on January 28, 2016 Commission Memorandum 104 Page 1 of 5 ORDINANCE NO. 1937 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.1815 ACRES TO RESIDENTIAL HIGH DENSITY (R-4) DISTRICT AT 1163 THOMAS DRIVE INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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 1.1815 acres of the property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on November 17, 2015, 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; and 105 Ordinance No. 1937, The George Smith Annexation Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on December 14, 2015, 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): An area of land described as follows: Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the East Half of the Southwest Quarter of Section 35, Township 1 South, Range 5 East of P.M.M., and that part of adjacent Thomas Drive, all described as follows: Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1; thence easterly 089°18'00", assumed azimuth from north, 300.89 feet along the north line of said Lot 1 to the northeast corner of said Lot 1; thence 089°18'00" azimuth 30.00 feet along the easterly extension of said north line to the east line of the Southwest Quarter of said Section 35; thence southerly 179°55'29" azimuth 395.40 feet along said east line; thence westerly 269°55'29" azimuth 30.00 feet along the easterly extension of the south line of Lot 3, Baxter Lane Subdivision No. 1, to the southeast corner of said Lot 3; thence northerly 359°55'29" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2, Baxter Lane Subdivision No. 1; thence westerly 269°17'46" azimuth 300.86 feet along the south line of said Lot 1; thence northerly 359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the Point of Beginning. Area of Lot 1 = 39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing easements. Area of adjacent Thomas Drive = 11,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to existing easements. 106 Ordinance No. 1937, The George Smith Annexation Map Amendment Page 3 of 5 Total area = 51,466 square feet, 1.1815 acres or 4,781.4 square meters. 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. 107 Ordinance No. 1937, The George Smith Annexation 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 8th day of February 2016. ____________________________________ CARSON TAYLOR 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 22nd day of February 2016. The effective date of this ordinance is March 23, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk 108 Ordinance No. 1937, The George Smith Annexation Map Amendment Page 5 of 5 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 109 110