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HomeMy WebLinkAboutFinally Adopt Ordinance No. 1855, establishing a zoning designation of R-3 on the 2.0 acre Leep tract Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Steve Worthington, Community Development Director SUBJECT: Second reading and final adoption of Ordinance 1855 establishing 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: February 25, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the 2nd reading and final adoption of Ordinance 1855 establishing 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 approved by the City Commission. 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. The Commission approved the 1st reading of this implementing Ordinance on January 28, 2013. 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: February 14, 2013 124 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 125 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. 126 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 127 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 128 129