HomeMy WebLinkAboutFinally Adopt Ordinance No. 1800 Implementing the NWEnergy East Gallatin Substation Zone Map Amendment.pdf
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, February 7, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the second reading of 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 of the amendment. The Ordinance
passed on first reading on January 24, 2011.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from this Zone Map
Amendment. This item does not affect any budgeted expenditure.
ALTERNATIVES: 1) Finalize 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 25, 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
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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.
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.
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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.
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).
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 24th day of January, 2011.
______________________
JEFFREY K. KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN, CMC
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 7th day of February, 2011.
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_______________________
JEFFREY K. KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN, CMC
CITY CLERK
APPROVED AS TO FORM:
______________________
TIM COOPER
ASSISTANT CITY ATTORNEY
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