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HomeMy WebLinkAboutProvisionally adopt Ordinance No. 1799, enacting Baxter Meadows B-2 to R-4 rezoning.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Director Chris Kukulski, City Manager SUBJECT: Ordinance 1799 implementing Z-10244 Baxter Meadows B-2 to R-4 Zone Map Amendment MEETING DATE: Monday, January 10, 2011 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve first reading of Ordinance 1799 implementing the prior Commission action on zone map amendment Z-10244 changing B-2 to R-4 on 44.39 acres. BACKGROUND: The City Commission approved zone map amendment application Z-10244 on November 8, 2010 subject to two contingencies necessary for the preparation of the final ordinance. The contingencies have been met and the final ordinance is now prepared for Commission action. FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This does not affect any budgeted expenditure. ALTERNATIVES: 1) Finalize the zone map amendment to R-4 as previously acted on by the City Commission. 2) Do not finalize the zone map amendment request. Attachments: Ordinance 1799 Report compiled on: December 30, 2010 14 1 ORDINANCE NO. 1799 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO REZONE THE AREA OF A PARCEL OF LAND, SAID PARCEL BEING A PORTION OF THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO, 2202A, SAID PARCEL BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP I SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FROM “B-2” (COMMUNITY BUSINESS DISTRICT) TO “R-4” (RESIDENTIAL HIGH DENSITY) FOR 44.39 ACRES. WHEREAS, the proposed zone map amendment to change the zoning designation from “B-2” (Community Business District) 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 October 19, 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 November 8, 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 November 8, 2010, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s 15 2 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): A parcel of land, said parcel being a portion of the remainder of Tract 2A of Certificate of Survey No, 2202A, said parcel being located in the Southeast Quarter of Section 34, Township I South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Commencing at the southeast corner of Section 34; thence South 89°41' 58" West, on the south line of said Section 34, a distance of 2023.41 feet; thence North 00°18'03" West, a distance of 1736.51 feet to a point on the north line of the Plat of Baxter Meadows Subdivision, Phase 6, said point being the Point of Beginning; thence North 00°18'03" West, a distance of 477.49 feet; thence South 89°41 '57" West, a distance of 229.85 feet; thence North 00°20'59" East, a distance of 445.18 feet to the north line of the Southeast Quarter of Section 34; thence North 89°51 '44" East, on said north line, a distance of 2273.48 feet; thence South 00°14'42" West, on the east line of said section, a distance of 897.21 feet; thence South 89°41 '57" West, a distance of 1407.44 feet; thence on a non- tangent curve to the left with a radius of 300.00 feet, a central angle of 8°46'37", a chord which bears North 1l° 44'10" West, 45.91 feet, and an arc length of45.96 feet to the easterly extension of the north line of the Plat of Baxter Meadows, Phase 2C; thence South 89°41 '57" West, on said extension and on said north line, a distance of 244.41 feet to the northeast corner of the Plat of Baxter Meadows Subdivision, Phase 6; thence the following 3 courses on the northerly line of said Phase 6 plat: South 48°25'27" West, a distance of 90.20 feet; South 89°41 '57" West, a distance of278.47 feet; South 81 °56'02" West, a distance of 33.23 feet to the Point of Beginning. The described parcel has an area of 44.390 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 reading. 16 3 PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the ____ day of ___________________ 2011. _____________________________ 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 ________________ 2011. _____________________________ JEFFREY K. KRAUSS, Mayor ATTEST: ______________________________________ STACY ULMEN, City Clerk APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 17 18 19