HomeMy WebLinkAboutProvisional Adoption of Ordinance 1852, Z-12200, Initial zoning of B-2 for Cresent Cross annexation Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
SUBJECT: Preliminary approval of Ordinance 1852, Z-12200, Initial zoning in
conjunction with annexation of 10 acres located at the SE corner of the intersection of Huffine Lane and S. Cottonwood Road to be designated B-2 (Community Business District).
MEETING DATE: December 28, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve first reading and preliminary approval of Ordinance 1852 to
establish initial zoning per application Z-12200.
SUGGESTED MOTION: Having reviewed all of the information presented, I hereby adopt
Ordinance 1852 and give preliminary approval..
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria from Commission Resolution 3907. The applicant has requested B-2 (Community Business
District) zoning. The Development Review Committee recommends that the City Commission
approve annexation of the property. The Zoning Commission recommended approval of the B-2
zoning at their public hearing on September 18th. The City Commission gave initial approval of the requested zoning on October 1, 2012. The annexation agreement has been signed and returned.
UNRESOLVED ISSUES: None
ALTERNATIVES: Approve or deny Ordinance 1852.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Ordinance 1852 Zoning map
Report compiled on: December 20, 2012
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ORDINANCE NO. 1852
Page 1 of 4
ORDINANCE NO. 1852
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT INITIAL
MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 11.87 ACRES TO B-2
(COMMUNITY BUSINESS DISTRICT) FOR THE PROPERTY KNOWN AS THE
CRESENT CROSS ZONE MAP AMENDMENT TRACT LOCATED IN THE W 1/2 OF
SECTION 15, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 11.87
acres to B-2 (Community Business District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 18,
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 October
1, 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
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ORDINANCE NO. 1852
Page 2 of 4
WHEREAS, at its meeting held on October 1, 2012, 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
granted initial zoning of B-2 (Community Business District):
A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No.
454 on record with the Gallatin County Clerk and Recorder, located in the West
One-Half of Section 15, Township 2 South, Range 5 East, Principal Meridian
Montana (P.M.M), Gallatin County, Montana being more particularly described as
follows:
Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from
which the west one-quarter corner of said Section 15 bears South 11° 45' 12" West
a distance of 2672.56 feet;
thence South 00° 04' 49" East a distance of 891.70 feet to a calculated position;
thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 00° 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap;
thence North 89° 51' 07" West a distance of 60.00 feet to a calculated position;
thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position;
thence South 89° 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap;
thence South 89° 51' 07" East a distance of 488.23 feet to the Point of Beginning
containing 11.87 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection
of the property.
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ORDINANCE NO. 1852
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 “Zoning Map Amendments.”
Section 6
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption.
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ORDINANCE NO. 1852
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________,
2012.
____________________________________
SEAN A. BECKER
Mayor ATTEST:
____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2013. The effective date of this ordinance is __________, __, 2013.
_________________________________
SEAN A. BECKER Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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