HomeMy WebLinkAboutFinally Adopt Ordinance No. 1806, Zone map amendment Z-10240, Loyal Garden Lot 2-3, Phase 1A.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Ordinance 1806 - Second Reading
Z-10240 Loyal Garden Lot 2-3, Phase 1A Zone Map Amendment
MEETING DATE: Monday, May 23, 2011
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve second reading of Ordinance 1806 implementing the prior
City Commission action on zone map amendment Z-10240 changing RO (Residential Office
District) to B-2 (Community Business District) on 3.1845 acres.
BACKGROUND: The City Commission approved zone map amendment application Z-10240
on January 3, 2011 subject to three 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 May 9, 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 B-2 as previously acted on by the
City Commission.
2) Do not finalize the zone map amendment request.
Attachments: Ordinance 1806
Zone Map Amendment Exhibit
Report compiled on: May 12, 2011
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ORDINANCE NO. 1806
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF LOT 2 AND LOT 3, BLOCK 1 OF LOYAL GARDEN SUBDIVISION, PHASE
1A BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 24 AS “B-
2” (COMMUNITY BUSINESS DISTRICT) FOR 3.1845 ACRES SITUATED IN THE NE
¼ OF SECTION 16, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation from
“RO” (Residential Office District) to “B-2”(Community Business 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 January
3, 2011, 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 January 3, 2011, the City Commission found that
the proposed zone map amendment would be in compliance with Bozeman’s adopted growth
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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):
Lots 2 and 3, Block 1, Plat of Loyal Garden Subdivision, Phase 1A, according to
the plat thereof, on file and of record in the office of the Clerk and Recorder,
Gallatin County, Montana, [Plat J-462] and located in the Northeast Quarter of
Section 16, Township 2 South, Range 5 East of Principal Meridian Montana, and
further described as follows:
Beginning at the northeast corner of said Lot 2; thence southerly, 179°39'05",
assumed azimuth from north, 634.53 feet along the east line of said Block 1;
thence westerly 269°39'05" azimuth, 119.10 feet; thence westerly 52.29 feet on a
tangential curve concave to the south, radius 75.00 feet and central angle
39°56°40"; thence westerly 52.29 feet on a reverse curve concave to the north,
radius 75.00 feet and central angle 39°56°40"; thence westerly 269°39'05"
azimuth, 21.39 feet; thence northerly 355°18'51" azimuth, 119.50 feet; thence
northerly 20.44 feet on a tangential curve concave to the east, radius 270.00 feet
and central angle 04°20°14"; thence northerly 359°39'05" azimuth, 113.79 feet to
a point on a curve with the center of circle lying northwesterly 322°47'08"
azimuth 50.00 feet from said point; thence northerly, 94.11 feet on said curve,
radius 50.00 feet and central angle 107°50'51"; thence northeasterly 34°56'03"
azimuth, 115.96 feet; thence northerly 359°03'02" azimuth, 238.76 feet thence
easterly 089°03'02" azimuth, 183.25 feet to the point of beginning.
The computed area of the described tract is 3.1845 acres, more or less. The
described tract is along with and subject to any existing easements.
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Section 2
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 at a regular session thereof held on the 9th day of May, 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 23rd day
of May, 2011.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
TIM COOPER
Assistant City Attorney
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