HomeMy WebLinkAbout6-2-08_Final Adoption of Ordinance No_ 1745, Spring Creek
Report compiled on May 28, 2008
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Doug Riley, Associate Planner
SUBJECT: Spring Creek Village Resort Zone Map Amendment - #Z-08028
Ordinance 1745
Action Agenda Item – 2nd Reading
MEETING DATE: Monday, June 2, 2008
RECOMMENDATION: Final adoption of Ordinance 1745 for the Spring Creek Village
Resort Zone Map Amendment.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
change the municipal zoning designation from B-P (Business Park District) to UMU (Urban
Mixed Use District) on approximately 31.03 acres of land located northwest of the intersection
of Huffine Lane and Ferguson Avenue.
The City Commission preliminarily approved the requested zone map amendment on April 14,
2008 on a 3-2 vote. The Ordinance passed on first reading on May 12, 2008 on a 3-2 vote.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will likely include
increased costs to deliver municipal services to the property when the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Doug Riley at driley@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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ORDINANCE NO. 1745
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, AMENDING THE CITY OF
BOZEMAN ZONE MAP FROM “B-P” (BUSINESS PARK
DISTRICT) TO “UMU” (URBAN MIXED USE DISTRICT) FOR
APPROXIMATELY 31.03 ACRES OF PROPERTY LOCATED
NORTHWEST OF THE INTERSECTION OF HUFFINE LANE
AND FERGUSON AVENUE IN THE SW 1/4 OF SECTION 10, T2S,
R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of
"UMU" (Urban Mixed Use District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on April 1,
2008, 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 denied as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on
April 14, 2008, 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 April 14, 2008, 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.
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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 "UMU" (Urban Mixed Use District):
Lot 5, Minor Subdivision No. 295, The Spring Creek Village Resort, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and located in the Southwest Quarter of Section 10, Township 1 South, Range
5 East, Principal Meridian, Montana, and further described as follows:
Beginning at the southwest corner of said Lot 5; thence northerly 000° 00' 00", assumed
azimuth from north, 298.10 feet along the west line of said Lot 5; thence on the following
courses along the boundary of said Lot 5;
westerly 270° 00' 00" azimuth 6.00 feet;
northerly 000° 00' 00" azimuth 926.34 feet;
easterly 090° 26' 06" azimuth 242.76 feet;
southeasterly 258.31 feet on a tangential curve concave to the southwest, radius 370.00
feet and central angle 40° 00' 00";
southeasterly 130° 26' 06" azimuth 705.75 feet, tangent to said curve;
southeasterly 298.76 feet on a tangential curve concave to the northeast, radius 430.00
feet and central angle 39° 48' 33";
easterly 090° 37' 33" azimuth 216.65 feet, tangent to said curve;
southerly 180° 31' 24" azimuth 559.20 feet;
westerly 270° 00' 21" azimuth 23.03 feet;
southwesterly 255° 58' 10" azimuth 41.23 feet;
westerly 270° 00' 21" azimuth 19.74 feet;
westerly 269° 54' 29" azimuth 1414.07 feet to the point of beginning.
Area = 1,351,559 square feet, 31.0275 acres or 125,563.9 square meters. Subject to
existing easements.
Section 2
The effective date is thirty days after final adoption of this ordinance on second
reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first
reading, at a regular session thereof held on the 12th day of May 2008.
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______________________
KAAREN JACOBSON
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 2nd day of June 2008.
_______________________
KAAREN JACOBSON
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
APPROVED AS TO FORM:
______________________
PAUL LUWE
CITY ATTORNEY
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