HomeMy WebLinkAboutProvisional Adoption Ordinance 1855, establishing zoning of R-3 Leep Zone Map Amendment
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Community Development Director
SUBJECT: First reading and preliminary approval of Ordinance 1855 adopting an initial zoning designation of R-3 on the 2.0 acre tract known as the Leep Zone Map Amendment in conjunction with annexation, Zoning
Application Z-12044.
MEETING DATE: January 28, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission preliminarily approve Ordinance 1855 adopting an initial zoning designation of R-3 (Residential Medium Density District) on the 2.0
acre tract known as the Leep Zone Map Amendment in conjunction with annexation.
BACKGROUND: Leep Dairy LLC received preliminary approval to annex a 2.0 acre parcel south of Durston Road, east of Valley Drive, on May 21, 2012. The annexation agreement has been signed and returned to the City for processing. The initial zoning of R-3 (Residential
Medium Density District) was approved for this property by the Commission and now requires
the implementing ordinance to be approved in association with the completion of the annexation
process.
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: Rezoning the property will not have any immediate fiscal effects to the City. Future development of the property under R-3 zoning may increase tax values and
corresponding revenue from the property.
Attachments: Ordinance 1855 and ZMA Map Exhibit.
Report compiled on: January 15, 2013
117
ORDINANCE NO. 1855
Page 1 of 4
ORDINANCE NO. 1855
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 2.0 ACRES TO R-3
(RESIDENTIAL MEDIUM DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS
THE LEEP ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 2.0
acres to R-3 (Residential Medium Density District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 1, 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 not be recommended for approval as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on May 21,
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 May 21, 2012, the City Commission found that the
118
ORDINANCE NO. 1855
Page 2 of 4
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 R-3 (Residential Medium Density District):
A portion of land being Tract 6B of the Smith Subdivision on record with the Gallatin
County Clerk and Recorder located in the Northwest One-Quarter of Section 11 Township
2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northwest corner of said Tract 6B; thence South 02° 01’ 57” West a
distance of 640.60 feet; thence North 89° 03’ 22” West a distance of 135.45 feet; thence
North 02° 01’ 57” East a distance of 640.60 feet; thence South 89° 03’ 22” East a distance of 135.45 feet to the Point of Beginning containing 2.0 acres, more or less.
Subject to all easements of record or apparent from a visual inspection of the property
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.
119
ORDINANCE NO. 1855
Page 3 of 4
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.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________,
2013.
____________________________________ SEAN A. BECKER Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
120
ORDINANCE NO. 1855
Page 4 of 4
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
121
122