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Home My WebLink AboutC3. Ordinance 1932 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Wendy Thomas, Community Development Director SUBJECT: Final Adoption of Ordinance 1932 approving the Stucky Road Zone Map Amendment to establish initial zoning designation of R-4 (Residential High Density District) on 20.62 acres. The property is addressed at 3000 Stucky Road; Application 15-233. MEETING DATE: February 22, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the 2nd reading and final adoption of Ordinance 1932 approving the establishment of initial zoning designation of R-4 on 20.62 acres. RECOMMENDED MOTION: Should the Commission remove this from the consent agenda we recommend the following motion: “Having reviewed and considered the application materials, public comment, and all of the information presented, and a public hearing and a provisional adoption of Ordinance 1932 having previously been held on July 27, 2015. I hereby approve final adoption of Ordinance 1932 to establish initial zoning designation of R-4 (Residential High Density District), Application 15-233.” BACKGROUND: The property owner Nehls Enterprises LLC and Applicant, SH Acquisitions LLC, received unanimous approval to annex the subject property located at 3000 Stucky Road and establish an initial zoning designation of R-4 on July 27, 2015. The Commission approved the annexation agreement and the 1st reading of Ordinance No. 1932 on February 1, 2016 and now requires the final adoption of the implementing ordinance to be approved. The Commission’s approval of this consent item incorporates the findings made for the Zone Map Amendment with the Commission’s unanimous approval on July 27, 2015. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Adopt the ordinance as provided by staff 2. Not adopt the ordinance FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future development will generate both costs and revenues dependent on the nature of the development. Attachments: Ordinance 1932 & Stucky Road ZMA Exhibit A Report compiled on: February 12, 2016 51 ORDINANCE NO. 1932 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF LAND LOCATED AT 3000 STUCKY ROAD DESCRIBED AS WEST ONE-HALF (W1/2), NORTHEAST ONE-QUARTER (NE ¼), NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA. 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, Mont. Code Ann. 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 initial zoning on 20.62 acres to R-4 (Residential High Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 21, 2015, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, on July 21, 2015 the Bozeman Zoning Commission voted 1:2 to recommended that the zone map amendment be approved as recommended by the Community 52 Ordinance No. 1932, Stucky Road Zone Map Amendment Page 2 of 4 Development Department as provided for in the staff report for approval of 20.62 acres to R-4 (Residential High Density District); and WHEREAS, after proper notice, the City Commission held its public hearing on July 27, 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 eleven 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 eleven criteria; and WHEREAS, at its meeting held on July 27, 2015, 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. 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 being the West One-Half (W ½), Northeast One-Quarter (NE ¼), Northwest One-Quarter (NW ¼) of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Commencing at the EW-1/64 corner common to Sections 14 and 23, Township 2 South, Range 5 East, P.M.M., thence along the West line of the NE1/4NE1/4NW1/4 of said Section 23 S00°13'05"W a distance of 670.77 feet to the Northwest corner of Tract 3, C.O.S. 2725; thence along the West line of said Tract 3 S00°13'27"W a distance of 670.84 feet to a point on the North line of Tract 4, C.O.S. 2725; thence along the North line of said Tract 4 S89°34'32"W a distance of 669.62 feet to the Southeast corner of Tract 2 of C.O.S. 1996 thence along the East line of C.O.S. 1996 N00°08'13"E a distance of 1337.80 feet to the W1/16 corner common to said Sections 14 and 23; thence along the South line of the SW1/4 of said Section 14 N89°15'10"E a distance of 671.64 feet to the Point of Beginning. Said tract containing in area 20.624 acres, along with and subject to any existing easements as described on the STUCKY ROAD Annexation Map. 53 Ordinance No. 1932, Stucky Road Zone Map Amendment Page 3 of 4 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. 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 “Zoning Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 54 Ordinance No. 1932, Stucky Road Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of February, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk FINALLY ADOPTED 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 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 55 56