HomeMy WebLinkAboutProvisionally adopt Ordinance No 1800
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Ordinance 1800 implementing the NorthWestern Energy – East Gallatin
Substation Zone Map Amendment (#Z-10157)
MEETING DATE: Monday, January 24, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Ordinance 1800 to implement the prior Commission
decision to approve Zone Map Amendment Z-10157 changing the zoning from R-S (Residential
Suburban District) to M-1 (Light Manufacturing District) on approximately 7.713 acres.
BACKGROUND: NorthWestern Energy made application to the Bozeman Planning Office for a Zone Map Amendment to change the zoning designation from R-S (Residential Suburban) to M-1 (Light Manufacturing) on approximately 7.713 acres located on the North side of I-90 just
East of L Street off Bohart Lane..
Following the public hearing and consideration of the facts before them, the City Commission voted unanimously on September 13, 2010 to grant approval and direct staff to bring back an
ordinance to amend the zoning map.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from this Zone Map
Amendment. This item does not affect any budgeted expenditure.
ALTERNATIVES: 1) Approve the Ordinance as presented
2) Deny the Ordinance
3) Other actions as suggested by the City Commission. Attachments: Ordinance 1800
Map of the amended area
Report compiled on: January 10, 2011
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ORDINANCE NO. 1800
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, AMENDING THE CITY OF
BOZEMAN ZONE MAP FROM “R-S” (RESIDENTIAL
SUBURBAN DISTRICT) TO “M-1” (LIGHT MANUFACTURING
DISTRICT) FOR APPROXIMATELY 7.713 ACRES OF
PROPERTY LOCATED ON THE NORTH SIDE OF I-90 JUST
EAST OF L STREET OFF BOHART LANE IN SECTIONS 5 AND
6, T2S, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of
"R-S" (Residential Suburban District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August
17, 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
September 13, 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 September 13, 2010, 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 "M-1" (Light Manufacturing District):
A tract of land in the Northeast one-quarter of the Southeast one-quarter (NE1/4
SE1/4) of Section Six (6), and the Northwest one-quarter of the Southwest one-
quarter (NW1/4 SW1/4) of Section (5), all in Township Two (2) South, Range Six (6) East, Montana Principal Meridian, being all of Block 81, and a portion of Blocks 80 and 82, and including the Southeasterly one-half (SE1/2) of vacated
“K” Street, all of “J” Street, Willow Street, Cherry Street, and all vacated alleys
lying the Northern Pacific Addition to the City of Bozeman, Montana, within the
bounds of this description.
Beginning at a Point on the centerline of vacated “K” Street, which Point is South
00°14’ West on and along the line between Sections Five (5) and Six (6), a
distance of 327.90 feet from the Quarter corner common to Section Five (5) and
Six (6). Thence, North 44°17’ East on and along the centerline of vacated “K” Street, a
distance of 328.60
Thence, South 45°43’ East on and along the northeasterly line of the vacated alley
of Block 80, a distance of 490.00 feet to the southeasterly line of vacated “J” Street.
Thence, South 44°17’ West on and along the southeasterly line of said vacated
“J” Street, a distance of 657.45 feet to the northeasterly right of way of US Highway Interstate 90, as now laid out and constructed.
Thence North 52°34’ West on and along said right of way, a distance of 259.69
feet.
Thence North 51°15’ West on and along said right of way, a distance of 233.40 feet to a point where said right of way intersects the centerline of vacated “K”
Street,
Thence North 44°17’ East on and along the centerline of said vacated “K” Street, a distance of 382.50 feet to the Point of Beginning. The above described tract contains 7.713 acres.
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All as depicted on Certificate of Survey, Short Plat filed in Film 4, Page 968A.
(Recording references: Warranty Deed recorded June 9, 1969 in Book 4, Page 968; Short Plat filed in Film 4, Page 968A).
Section2
The effective date is thirty days after final adoption of this ordinance on second
reading.
PROVISIONALLY ADOPTED by the City Commission of the City of
Bozeman, Montana, on first reading, at a regular session thereof held on the 24th 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 ____ day of ________________ 2011.
_____________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
______________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
______________________
TIM COOPER Assistant City Attorney
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