HomeMy WebLinkAbout09-17-07 Ordinance No 1719
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Second Reading of Ordinance No. 1719 for #Z-06144, Cattail North ZMA
MEETING DATE: Monday, September 24, 2007
Consent Agenda Item for Second Reading
RECOMMENDATION: The City Commission adopts and finally approves Ordinance No. 1719 on
Second Reading.
BACKGROUND: The Commission preliminarily approved this initial municipal zoning on
September 18, 2006. The ordinance passed on first reading on September 4, 2007.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Jody Sanford at jsanford@bozeman.net if you have any questions prior to
the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Ordinance 1719
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ORDINANCE NO. 1719
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 4.05 ACRES AND R-O (RESIDENTIAL OFFICE
DISTRICT) ON 53.55 ACRES DESCRIBED AS A TRACT OF LAND
BEING LOT 2A OF MINOR SUBDIVISION NO. 221E, LOCATED IN
THE SW¼ SECTION 26, T1S, R5E, P.M.M., GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to grant an initial municipal zoning
designation of R-4 (Residential High Density District) on 4.05 acres and R-O (Residential Office
District) on 53.55 acres has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 6,
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
September 18, 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 September 18, 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 4.05
acres described as follows:
A tract of land being Lot 2A of Minor Subdivision No. 221E, located in the SW1#4
Section 26, T1S, R5E, P.M.M., Gallatin County, Montana, and being further described as
follows:
Beginning at an intersection point of the north right-of-way line of Westlake Road and
the centerline of East Valley Center Road; thence along said centerline S53°32'33"E a
distance of 1247.15 feet to an intersection point with the centerline of an existing 60'
public access & utility easement; thence along said centerline S36°27'38"W a distance of
200.33 feet; thence along an arc to the left a distance of 248.89 feet, said arc having a
radius of 400.00 feet and a central angle of 35°39'04"; thence S00°48'34"W a distance of
485.87 feet to an intersection point with the south line of Lot 2A; thence S89°44'31"W a
distance of 814.97 feet, thence N01°01'21"E a distance of 437.17 feet, thence
S89°47'41"W a distance of 591.00 feet, thence S00°00'00"W a distance of 121.94 feet to
the north line of Lot 3 of Minor Subdivision 221;
thence along said line through the following 7 courses:
N58°20'10"W a distance of 70.93 feet,
S89°42'06"W a distance of 34.32 feet,
N80°02'28"W a distance of 92.34 feet,
S89°55'51"W a distance of 91.39 feet,
N69°11'33"W a distance of 102.36 feet,
N58°31'39"W a distance of 279.10 feet,
N53°51'10"W a distance of 38.74 feet and to a point on the southerly line of Tract A of
COS 165A; thence along said southerly line N88°49'45"E a distance of 114.99 feet to the
southeast corner of said Tract A; thence northerly along the easterly boundary of said
Tract A through the following 3 courses:
N01°01'01"E a distance of 597.20 feet,
N89°47'51"E a distance of 308.08 feet,
N00°16'15"W a distance of 448.53 feet, to an intersection point on the north line of
Westlake Road; thence easterly along said north line N89°43'51"E a distance of 809.77
feet to the Point of Beginning.
Said tract contains 53.77 acres, more or less, and is subject to any existing easements,
whether of record or apparent on the ground.
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Section 2
That the zoning district designation shall be R-O (Residential Office District) for 53.55 acres
described as follows:
A tract of land situated in Section 26, T1S, R5E, P.M.M., Gallatin County, Montana, and
being further described as follows:
Beginning at an angle point which bears S89°44'31"W, 75.06 feet from the northeast
corner of Lot 3 of Minor Subdivision 221; thence along the north line of said lot
N58°20'10"W a distance of 596.99 feet; thence N00°00'00"E a distance of 121.94 feet;
thence N89°47'41"E a distance of 591.00 feet; thence S01°01'21"W a distance of 437.17
feet to the north line of said Lot 3; thence along said line S89°44'31"W a distance of
75.08 feet to the Point of Beginning.
Said tract contains 4.05 acres, more or less, and is subject to any existing easements,
whether of record or apparent on the ground.
Section 3
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.
JEFF KRAUSS
MAYOR
ATTEST:
CYNTHIA DELANEY
ACTING CITY CLERK
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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.
JEFF KRAUSS
MAYOR
ATTEST:
CYNTHIA DELANEY
ACTING CITY CLERK
APPROVED AS TO FORM:
PAUL J. LUWE
CITY ATTORNEY
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