HomeMy WebLinkAbout09-24-07 Final Ordinance No 1720 4
Report compiled on September 6th 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Kagy Gardens II Zone Map Amendment #Z-07013
FINAL ADOPTTION OF ORDINANCE NO. 1720
MEETING DATE: Monday, September 24th 2007
CONSENT AGENDA
RECOMMENDATION: The City Commission finally adopt Commission Ordinance No. 1720
for Kagy Gardens II Zone Map Amendment application to establish municipal zoning designation
of “R-1” (Residential Single-Household, Low Density District) on 2.68 acres of land.
BACKGROUND: A Zone Map Amendment application to amend the City of Bozeman Zoning
Map to establish municipal zoning designation of “R-1” (Residential Single-Household, Low Density
District) on 2.68 acres of land north of Kagy Boulevard, east of Bozeman Creek and west of
Sourdough Road. On March 19, 2007, the City Commission approved the Zone Map Amendment
application and directed staff to bring back an ordinance enacting said amendment. A second
reading is necessary for final adoption.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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ORDINANCE NO. 1720
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP AND ESTABLISHING A MUNICIPAL ZONING DESIGNATION OF
R-1 (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT)
FOR 2.68 ACRES WHICH IS DESCRIBED AS THOSE PARCELS
DESCRIBED IN BOOK 134, PAGE 415 AND IN BOOK 146, PAGE 198,
ACCORDING TO THE PLATS THEREOF, ON FILE AND OF RECORD IN
THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA; EXCEPT THAT PART CONVEYED TO THE STATE OF
MONTANA FOR HIGHWAY RIGHT-OF-WAY AS RECORDED ON FILM
75, PAGE 2436 AND LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF P.M.M.,
GALLATIN COUNTRY, MONTANA.
WHEREAS, the proposed zone map amendment to grant municipal zoning
designation of R-1 (Residential Single-Household, Low Density District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on Wednesday,
March 6, 2007 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 with a designation of R-1 (Residential
Single-Household, Low Density District); and
WHEREAS, after proper notice, the City Commission held its public hearing on
March 19, 2007, 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 establish an municipal zoning designation of R-1 (Residential Single-Household,
Low Density District), with contingencies, to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on March 19, 2007, the City Commission found that
the proposed zone map amendment would be in compliance with the Growth Policy and would
be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
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Bozeman, Montana:
Section 1
That the zoning district designation of the following-described property is hereby
designated as R-1 (Residential Single-Household, Low Density District):
Parcels described in Book 134, Page 415 and in Book 146, Page 198,
according to the plats thereof, on file and of record in the office of the Clerk
and Recorder, Gallatin County, Montana; EXCEPT that part conveyed to
the State of Montana for highway right-of-way as recorded on Film 75, Page
2436 and located in the Southeast Quarter of Section 18, Township 2 South,
Range 6 East of P.M.M., Gallatin County, Montana.
Said tracts of land being 2.68 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 10th day of September 2007.
___________________________________
JEFF KRAUSS
Mayor
ATTEST:
______________________________________
CYNTHIA JORDAN DELANEY
Acting City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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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 24th day
of September 2007.
___________________________________
JEFF KRAUSS
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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