HomeMy WebLinkAboutF2 Final Ordinance 1671
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Final Reading of Ordinance 1671
MEETING DATE: September 25, 2006
BACKGROUND: On September 5, 2006 the City Commission provisionally approved
Ordinance 1671 “AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND
ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "M-2"
(MANUFACTURING AND INDUSTRIAL DISTRICT) ON 41.67 ACRES AND “PLI”
(PUBLIC LANDS AND INSTITUTIONS DISTRICT) ON 154.42 ACRES LOCATED IN
SECTIONS 26 AND 27, T1S, R5E, GALLATIN COUNTY, MONTANA.” This ordinance
relates to zoning of the Waste Water Treatment Plant and surrounding area.
No changes have been requested or are needed prior to final adoption.
RECOMMENDATION: Finally adopt Ordinance 1671
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
____________________________ ____________________________
Stuart John Bernard, Deputy City Clerk Chris A. Kukulski, City Manager
ORDINANCE NO. 1671
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN
ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL
ZONING DESIGNATION OF "M-2" (MANUFACTURING AND
INDUSTRIAL DISTRICT) ON 41.67 ACRES AND “PLI” (PUBLIC
LANDS AND INSTITUTIONS DISTRICT) ON 154.42 ACRES
LOCATED IN SECTIONS 26 AND 27, T1S, R5E, GALLATIN
COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of "M-
2", Manufacturing and Industrial District, and “PLI” Public Lands and Institutions District has
been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 1,
2006, 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; and
WHEREAS, after proper notice, the City Commission held its public hearing on
August 28, 2006, 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 twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
amendment, to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on August 28, 2006, the City Commission found that
the proposed zone map amendment would be in compliance with the City of Bozeman 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
designated as "PLI" (Public Lands and Institutions District):
Tract A-1-A(1) of COS NO. 473C, Tract A1-A(2) of COS NO. 473C, Tract A-2
of COS NO. 473A, Tract A-1-B of COS NO. 473B, Tract B of COS NO. 473,
Film 4 of Plats, Page 672 all located in the north 1/2 of Section 26, Township 1
South, Range 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of
COS NO. 1510. Said tracts contain 150.54 acres, more or less, subject to all
easements of record or apparent on ground
Tract 1 of C.O.S. 1015 situated in the SW ¼ NE ¼, Section 26, and Film 22 of
Plats Page 1876 situated in the NE ½ NE ¼ NE ¼ SW ¼ Section 26, Township 1
South, Range 5 East, P.M.M., Gallatin County Montana. Said tract contains 1.20
acres, more or less
Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining
C.O.S. No 473D, Gallatin County, Montana. Said lands comprising 2.68 acres,
more or less.
Said tract contains 154.42 acres, more or less, along with and subject to all
easements of record or apparent on the ground.
Section 2
That the zoning district designation of the following-described property is hereby
designated as "M-2" (Manufacturing and Industrial District):
Those portions of Montana Rail Link Railroad and Montana Department of
Transportation rights-of-way within the N ½, Section 26, and the E ½ E ½ E ½
NE ¼ Section 27, Township 1 South, Range 5 East, P.M.M. Gallatin County
Montana. Said portions of rights-of-way being generally 660 feet wide having the
Montana Rail Link Railroad right-of-way occupying the northeasterly 400 feet
and Montana Department of Transportation right-of-way occupying the
southeasterly portion remaining.
Said lands comprising 41.67 acres, more or less, along with and subject to all
easements of record or apparent on the ground.
Section 3
The effective date is thirty days after final adoption of this ordinance on second reading.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on the first reading at a regular session thereof held on the 5th day of September, 2006.
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 25th day
of September, 2006.
__________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk