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HomeMy WebLinkAboutOrdinance No. 1743, Zone Map Amendment #Z-07251 Commission Memorandum REPORT TO: Honorable Mayor & City Commission FROM: Brian Krueger, Associate Planner SUBJECT: Zone Map Amendment Ordinance No.1743, for the 19th Capital Group ZMA, #Z-07251 Consent Item 2nd Reading MEETING DATE: Monday, April 21, 2008 RECOMMENDATION: The City Commission finally adopts Ordinance No. 1743 for the 19th Capital Group Zone Map Amendment. BACKGROUND: On Monday, April 7, 2008 the City Commission provisionally adopted Ordinance No. 1743. The City Commission approved the requested zone map amendment application on Monday, January 14, 2008. The applicant is proposing to amend the City of Bozeman Zoning Map to establish an initial municipal zoning designation of “B-2” on 3.07 acres of land located at the southwest corner of the intersection of Kagy Boulevard and South 19th Avenue. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, if the property is further developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ORDINANCE NO. 1743 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A MUNICIPAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 3.07 ACRES LOCATED ON TRACT 1A OF COS NO. 2008A LOCATED IN THE SE ¼ OF SECTION 14, T2S, R5E, PMM IN GALLATIN COUNTY MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of “B- 2", Community Business District, has been properly submitted, reviewed and advertised; and WHEREAS, after proper notice the Bozeman Zoning Commission held a public hearing on December 18, 2007, 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; and WHEREAS, after proper notice, the City Commission held its public hearing on January 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 change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on January 14, 2008, the City Commission found that the proposed zone map amendment would be in compliance with the City of Bozeman 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 "B-2" (Community Business District): Tract 1A, Certificate of Survey No. 2008-A, according to the plat thereof, on fiel and of record in the Office of the Clerk and Recorder, Gallatin County, Montana located in the SE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Beginning at the Southeast corner of Section 14, T.2S. R.5E., thence westerly 270°, 41’17” feet; assumed azimuth north; 69.20 feet along the south line of the Southeast Quarter of said Section 14; thence northerly 000° 31’23” azimuth 893.18feet along the westerly right of way line of South 19th Avenue to the point of beginning of the property to be described; thence westerly 270° 19’25” azimuth 322.83 feet; thence northerly 000° 00’00” azimuth 435.13feet; thence easterly 090° 20’34” azimuth 156.38 feet along the centerline of Kagy Boulevard; thence southerly 180° 19’52” azimuth 45.00 feet; thence easterly 090° 20’ 34’ azimuth 170.18 feet along the north line of said Tract 1A; thence southerly 180° 30’13” azimuth 281.37 feet along the westerly right of way line of South 19th Avenue; thence southerly 180° 31’13” azimuth 108.64 feet along said westerly right of way line to the Point of Beginning, containing 3.0679 acres, more or less, subject to any existing easements and/or rights-of-way, whether of record or apparent on the ground. 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 7h day of April, 2008. ______________________ 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 21st day of April, 2008. _______________________ KAAREN JACOBSON Mayor ATTEST: ______________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ______________________ PAUL J. LUWE City Attorney