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HomeMy WebLinkAboutApprove Resolution 4459, Community Food Co-op Growth Policy Amendment Page 1 of 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Planner II Wendy Thomas, Community Development Director SUBJECT: Resolution 4459 adopting the previously approved P-13011 Community Food Co-op growth policy amendment MEETING DATE: Monday, August 5, 2013 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Approval. RECOMMENDED MOTION: “The City Commission having previously heard and considered public testimony, the materials presented in the application, and the review criteria for amendment of the growth policy and having directed the preparation of a resolution to implement the previously approved application P-13011 I adopt Commission Resolution 4459.” BACKGROUND: On April 9, 2013 the City received an application to amend Figure 3-1, the future land use map, in the Bozeman Community Plan located at the northeast corner of the intersection of West Babcock Street and South 10th Avenue. The site is commonly referred to as 917-921 West Babcock Street. The City Commission conducted a public hearing on June 17, 2013 to consider the application. After consideration of the matter the City Commission approved application P-13011 subject to two contingencies and directed Staff to bring back an implementing resolution. The attached resolution 4459 implements the June 17, 2013 initial approval of the application. UNRESOLVED ISSUES: None FISCAL EFFECTS: None established at this time. ALTERNATIVES: 1. None identified at this time. Attachments: Resolution 4459 Exhibit A Report compiled on: July 23, 2013 79 1 COMMISSION RESOLUTION NO. 4459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN TO CHANGE 0.380 ACRES FROM RESDIENTIAL TO COMMUNITY COMMERCIAL MIXED USE WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958; and WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community Plan (BCP) through Resolution 4163 on June 1, 2009, and WHEREAS, the City of Bozeman adopted its most recent amendments to the growth policy known as the Bozeman Community Plan (BCP) through Resolution 4195 on August 3, 2009, and WHEREAS, an application has been receive to amend Figure 3-1 the future land use map of the growth policy, and WHEREAS, the City of Bozeman Planning Board conducted a public hearing on the application on May 21, 2013, and WHEREAS, in accordance with 76-1-602, Mont. Codes Ann., the City Commission conducted public hearings on June 17, 2013 prior to taking any action to adopt or revise the growth policy, and 80 Resolution No. 4459 2 WHEREAS, the City Commission considered the application, received public testimony, and the criteria for amendment established in Section 17.4 of the Bozeman Community Plan; and WHEREAS, the City Commission being fully informed on the matter did take action on a motion to approve the application. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 Figure 3-1 of the Bozeman Community Plan be amended to change the future land use designation from Residential to Community Commercial Mixed Use on a portion of land located at northeast corner of the intersection of West Babcock Street and South 10th Avenue. The site is commonly referred to as 917-921 West Babcock Street and more particularly described as: Lot 25 and Lot 26 of Block H and a part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to the City of Bozeman located in the Northeast One- Quarter (NE ¼) of Section 12, Township Two South (T2S), Range Five East (R5E), PMM Gallatin County, Montana being more particularly described as follows: Description of Primary Growth Policy Amendment Tract Beginning at the northwest corner of said Lot 25; 81 Resolution No. 4459 3 Thence North 90°00'00" East, on the north line of Lots 25 and 26 and on the north line of the property described in Document 2337846, a distance of 120.00 feet; thence South 00°00'00" East, on the east line of South 10th Avenue, South, as vacated by Ordinance No. 395, a distance of 138.00 feet; thence North 90°00'00" West, on the north line of West Babcock Street, a distance of 120.00 feet; thence North 00°00'00" East, on the west line of Lot 25, a distance of 138.00 feet to the Point of Beginning containing 16,560 square feet (0.380-acres), more or less as shown on Exhibit A. Description of Adjacent R/W Beginning at the northwest corner of said Lot 25 in Block H of Story’s Addition to Bozeman; thence South 00°00'00" East, on the east line of South 10th Avenue, a distance of 138.00 feet; thence North 90°00'00" East, on the north line of West Babcock Street, a distance of 120.00 feet to the southwest corner of 10th Avenue, South, as vacated by Ordinance No. 395; thence South 00°00'00" East, on the southerly extension of the east line of vacated 10th Avenue, South, a distance of 30.00 feet; 82 Resolution No. 4459 4 thence North 90°00'00" West, a distance of 150.00 feet; thence North 00°00'00" East, a distance of 168.00 feet; thence North 90°00'00" East, on the westerly extension of the north line of said Lot 25, a distance of 30.00 feet to the Point of Beginning containing 8,640 square feet, more or less as shown on Exhibit A. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2013. ___________________________________ SEAN A. BECKER Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 83 84 85