HomeMy WebLinkAbout8th Elementary School Zone Map Amendment in conjunction with Annexation, Part7.pdf
REPORT TO: Honorable Mayor and City Commission
FROM Doug Riley, Associate Planner
Tim McHarg, Director, Planning and Community Development
SUBJECT: 8th Elementary School Zone Map Amendment in conjunction with Annexation
#Z-12055 – Ordinance 1840 (2nd Reading)
MEETING DATE: Monday, September 24, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the 2nd reading of Ordinance 1840 adopting zoning of PLI (Public
Lands and Institutions) on the 42.935 acre tract known as the 8th Elementary School Zone Map
Amendment.
BACKGROUND: The City received an application for annexation and initial zoning of the subject property from Bozeman School District No. 7. The property is located on the north side of Durston Road
between Cottonwood Road and Flanders Mill Road. The tract is approximately 42.935 acres in size. The
City Commission acted favorably on the request for initial zoning at their public hearing on June 4,
2012. The Ordinance passed on first reading on September 10, 2012. 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 a modified ordinance as directed by the City Commission.
3) Not approve the ordinance.
FISCAL EFFECTS: Annexing the property and establishing the initial zoning will enable development on the property with connection to City sewer and water services and service by the public
services (police, fire, streets, etc.) of the City. Impact fees, water rights and other related fees as
indentified in the terms of annexation will have to be paid as part of development of the property. The
City will accrue additional costs to service the property with municipal services
Attachments: Ordinance 1840 and Zoning Map of Amended area
Report compiled on: September 11, 2012
Commission Memorandum
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ORDINANCE NO. 1840
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 2A OF CERTIFICATE OF SURVEY NO. 2554A AS “PLI” (PUBLIC LANDS AND INSTITUTIONS DISTRICT) FOR 42.935 ACRES LOCATED IN THE SW1/4 OF SECTION 3, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of “PLI” (Public Lands and Institutions District) has been properly submitted,
reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 15, 2012,
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 4,
2012, 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 thirteen 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 thirteen criteria; and
WHEREAS, at its meeting held on June 4, 2012, the City Commission found that the
proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy
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Ordinance No. 1840, Zone Map Amendment, Public Lands and Institutions
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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 "PLI" (Public Lands and Institutions District):
A parcel of land, said parcel being Tract 2A of Certificate of Survey No. 2554A, being located in
the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana and said parcel being further described as follows:
Beginning at the southeast corner of said Tract 2A; thence North 89°38'26" West, on the south
line of said Section 3, a distance of 1319.38 feet; thence North 01°07'40" East, on the west line
of said section, a distance of 1314.04 feet; thence South 89°52'39" East, a distance of 149.35 feet; thence on a curve to the left with a radius of 263.00 feet, a central angle of 30°14'31", and an arc length of 138.82 feet; thence North 59°52'50" East, a distance of 104.94 feet; thence on a
curve to the right with a radius of 337.00 feet, a central angle of 30°14'31", and an arc length of
177.88 feet; thence South 89°52'39" East, a distance of 780.85 feet; thence South 01°10'34"
West, on the east line of Tract 2A, a distance of 1454.05 feet to the Point of Beginning. The described parcel has an area of 42.935 acres, more or less and 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.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at
a regular session thereof held on the 10th day of September 2012.
_____________________________
SEAN A. BECKER Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC City Clerk
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Ordinance No. 1840, Zone Map Amendment, Public Lands and Institutions
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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 24th day
of September 2012.
______________________________ SEAN A. BECKER Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN City Attorney
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