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Home My WebLink AboutProvisionally Adopt Ordinance No. 1822, adopting Zoning of REMU in South University District REPORT TO: Honorable Mayor and City Commission FROM Brian Krueger, Associate Planner Tim McHarg, Director, Planning and Community Development SUBJECT: Ordinance 1822 1 st Reading, South University District Zone Map Amendment in conjunction with Annexation #Z-09242 MEETING DATE: Tuesday, February 13, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the first reading of Ordinance 1822 adopting zoning of REMU Residential Emphasis Mixed Use District on the 126.93 acre tract known as the South University District Zone Map Amendment. BACKGROUND: The City received an application for annexation and initial zoning on March 16, 2011 from RTR Holdings II, LLC. The property is located generally southeast of the intersection of West Kagy Boulevard and South 19th Avenue and is wholly surrounded by the City, except for one parcel. The tract is approximately 127 acres in size. The City Commission acted favorably on the request for initial zoning at their public hearing on June 6, 2011. The Zone Map Amendment now needs the implementing ordinance to be finalized. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1) Approve the ordinance as provided by staff. 2) Approve the ordinance modified as directed by the City Commission. 3) Not approve the ordinance. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to the City sewer and water services and service by the public services (police, fire, streets, etc.) of the City. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal service. Attachments: Ordinance 1822 and Map of Amended area Report compiled on: January 30, 2012 Commission Memorandum 63 Ordinance 1822 Page 1 of 4 ORDINANCE NO. 1822 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE AREA OF TRACT B OF CERTIFICATE OF SURVEY NO. 2661 EXCEPTING PARCEL 2 OF DOC. #2311126 AS “REMU” (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) FOR 126.93 ACRES LOCATED IN THE SW1/4 OF SECTION 13, T2S, R5E, PMM, AND IN THE NW ¼ OF SECTION 24, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to establish an initial municipal zoning designation of “REMU” (Residential Emphasis Mixed Use District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on May 3, 2011, 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 June 6, 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 64 Ordinance 1822 Page 2 of 4 map amendment would be in compliance with the twelve criteria; and WHEREAS, at its meeting held on June 6, 2011, 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 "REMU" (Residential Emphasis Mixed Use District): A tract of land located in the southwest quarter of the southwest quarter (SW1/4SW1/4) and the south half of the southeast quarter of the southwest quarter (S1/2SE1/4SW1/4) of Section 13 and the north half of the northwest quarter (N1/2NW1/4) of Section 24, both of Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being further described as follows: Tract B of Certificate of Survey No. 2661 EXCEPTING Parcel 2 of Bargain and Sale Deed recorded as Document #2311126 on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana and being more particularly described as follows: Beginning at C-N1/16 Corner of Said Section 24; thence along the N1/16 line of said Section 24, S89°31'26"W, 2683.77 feet to a point on the east right-of-way of South 19th Avenue; thence, along said east right-of-way, N00°33'15"W, 2.59 feet; thence S89°33'38"E, 9.99 feet; thence N00°33'11"W, 1159.34 feet; thence N00°28'26"E, 790.92 feet; thence N12°45'30"E, 134.06 feet.; thence N00°28'26"E, 518.37 feet; thence N40°38'41"E, 12.66 feet to a point on the south right-of-way of Kagy Boulevard; thence, along said south right-of-way, N89°44'10"E, 682.18 feet; thence, leaving said south right-of-way, S00°05'25"E, 1081.58 feet; thence N89°44'10"E, 564.00 feet; thence N00°05'25"W, 1081.58 feet to a point of the south right-of-way of Kagy Boulevard; thence, along said south right-of-way, N89°44'10"E, 30.00 feet; thence, leaving said south right-of-way S00°05'25"E, 619.34 feet; thence N89°47'41"E, 1373.17 feet; thence S00°09'03"W, 665.67 feet to the N1/4 corner of Section 24; thence S00°33'09"W, 413.18 ft.; thence S00°32'09"W, 901.69 feet to the POINT OF BEGINNING, containing 126.93 acres. The computed area of the described tract is 126.93 acres, more or less. The described tract is along with and subject to any existing easements. 65 Ordinance 1822 Page 3 of 4 Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Annexation Ordinances.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 66 Ordinance 1822 Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of February, 2012. _____________________________ SEAN A. BECKER 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 ____ day of ________________ 2012. _____________________________ SEAN A. BECKER Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _______________________________ GREG SULLIVAN City Attorney 67 68