HomeMy WebLinkAboutFinally adopt Ordinance No. 1799, Baxter Meadows
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 24, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Second 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. First reading was passed on the consent agenda on January 10, 2011.
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: January 11, 2010
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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
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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.
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PROVISIONALLY ADOPTED by the City Commission of the City of
Bozeman, Montana, on first reading, at a regular session thereof held on the 10th day of
January 2011.
_____________________________
JEFFREY K. KRAUSS
Mayor ATTEST:
______________________________________
STACY ULMEN, CMC City Clerk
PASSED, APPROVED AND FINALLY ADOPTED by the City
Commission of the City of Bozeman, Montana, on second reading, at a regular session
thereof held on the 24th day of January, 2011.
_____________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
GREG SULLIVAN City Attorney
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