HomeMy WebLinkAboutE- Packet 06-04-2007_Provisionally adopt Ordinance No_ 1708, Davenport _8
Report compiled on May 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Davenport Zone Map Amendment, #Z-06252
Ordinance No. 1708
MEETING DATE: Monday, June 4 2007
Consent Agenda Item for First Reading
RECOMMENDATION: The City Commission takes action on the first reading of this ordinance
to establish initial municipal zoning for the Davenport Annexation.
BACKGROUND: On Monday, January 8, 2007, the City Commission voted 5 to 0 to approve the
Davenport Annexation, and 5 to 0 to conditionally approve the requested mix of initial municipal
zoning designations. The applicants have fulfilled the contingencies attached to their zone map
amendment approval. The adopting ordinance has been prepared and is now ready to be acted
upon.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Ordinance No. 1708
Zone Amendment Map
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ORDINANCE NO. 1708
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 R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON
24.99 ACRES LOCATED DESCRIBED AS TRACTS A AND B OF
CERTIFICATE OF SURVEY NO. 500, THE ABANDONED DEDICATED
ROADWAY AS DESCRIBED IN FILM 8, PAGES 911, RECORDS OF
GALLATIN COUNTY, THE TRACT OF LAND DESCRIBED IN FILM 11,
PAGE 789, RECORDS OF GALLATIN COUNTY, AND THE TRACT OF
LAND DESCRIBED IN FILM 116, PAGE 2556, RECORDS OF GALLATIN
COUNTY, SITUATED IN THE NE¼ OF THE SW¼ OF SECTION 35,
TOWNSHIP 1S, RANGE 5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of R-4
(Residential High Density District) on 24.99 acres has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 8, 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
December 19, 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 January 8, 2007, 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.
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation shall be R-4 (Residential High Density District) for
tracts of land described as Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract
of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of land
described in Film 116, Page 2556, Records of Gallatin County, situated in the NE¼ of the
SW¼ of Section 35, Township 1S, Range 5E, PMM, Gallatin County, Montana, and being
more particularly described as follows:
Beginning at the E1/16 corner of the SW1/4 of said Section 35, thence along the
north boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land
described in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of
Gallatin County S89°17'59"W a distance of 1323.43 feet to the southeast corner of
the tract of land described in Film 117, Page 3623, Records of Gallatin County;
thence along the east boundary of the said tract of land and the tract of land
described in Film 14, Page 1699, Records of Gallatin County N00°06'44"W a
distance of 818.74 feet to the southwest corner of the tract of land described in Film
3, Page 49, Records of Gallatin County; thence along the south boundary of the said
tract N88°58'36"E a distance of 1324.06 feet to a point on the west boundary of the
Remainder of Lot 3 of Minor Subdivision No. 210; thence along the said west
boundary S00°04'31"E a distance of 826.21 feet to the Point of Beginning. Said tract
being 24.99 acres, along with and subject to any existing easements.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the day of , 2007.
JEFFREY K. KRAUSS
MAYOR
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ATTEST:
BRIT FONTENOT
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City
of Bozeman, Montana, on second reading, at a regular session thereof held on the _____ day of
__________________________ 2007.
JEFFREY K. KRAUSS
MAYOR
ATTEST:
BRIT FONTENOT
CITY CLERK
APPROVED AS TO FORM:
PAUL J. LUWE
CITY ATTORNEY
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