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Home My WebLink About07-25-16 CC Mtg - C5. Ordinance 1955 - Downtown East Main ZMA Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Final adoption of Ordinance 1955, Downtown East Main Zone Map Amendment changing zoning on 24.45 acres from B-2 (Community Business) district and R-4 (High Density Residential) district to B-3 (Central Business) district and PLI (Public Lands and Institutions) district. Location: 608-777 East Main Street, 24 North Wallace Avenue, and 710-714 East Mendenhall Street. Application number 15579. MEETING DATE: July 25, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1955, the East Main Zone Map Amendment. BACKGROUND: The City Commission held a public hearing on April 24, 2016. The map amendment was approved unanimously. The application amends the zoning map to increase compliance with the growth policy and downtown plan. The applicant has provided the required map and boundary description to enable preparation of the implementing ordinance. The Commission provisionally adopted the ordinance in July 11, 2016. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified Attachments: Ordinance 1955 Exhibit A, Ordinance 1955 Report compiled on June 28, 2016 83 Page 1 of 5 ORDINANCE NO. 1955 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR TRACTS OF LAND ENCOMPASSING 24.45 ACRES LOCATED AT 608-777 EAST MAIN STREET, 24 NORTH WALLACE AVENUE, AND 710-714 EAST MENDENHALL STREET. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, Mont. Code Ann. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to change the zoning from R-4 (Residential High Density District) and B-2 (Community Business District) to B-3 (Central Business District) and PLI (Public Lands and Institutions) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held public hearings on March 1, 2016 and March 22, 2016 , to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, on March 22, 2016 the Bozeman Zoning Commission voted 4:0 to recommended that the zone map amendment be approved as recommended by the Community Development Department as provided for in the staff report; and 84 Ordinance No. 1955, Downtown East Main Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on April 4, 2016, 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 eleven zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the eleven criteria; and WHEREAS, at its public hearing held on April 4, 2016, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s adopted 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 "B-3" (Central Business District) and “PLI” (Public Lands and Institutions) with all publicly owned lands designated as PLI and all privately owned lands designated as B-3 and all boundaries between districts being draw as directed in Section 38.07.040, BMC: A tract of land situated in the NE1/4 and the SE1/4 of Section 7, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana; more particularly described as follows: Beginning at the intersection of the centerline of the East Mendenhall Street right of way and the centerline of the North Wallace Street right of way; thence easterly along the centerline of the East Mendenhall Street right of way to the intersection of the centerline of the North Broadway Street right of way; thence southwesterly along the centerline of the North Broadway Street right of way to the centerline of the East Main Street right of way; thence easterly along the centerline of the East Main Street right of way to the intersection of the prolongation of east line of the Parcel described in document 136-345; thence southerly along said prolongation of the east boundary line of Parcel 136-345 to the northeast corner of Parcel 136-345; thence southerly along the east boundary line of Parcel 136-345 to the southeast corner of Parcel 136-345; thence westerly along the south boundary line of Parcel 136-345 and the south boundary line of Parcel 21-598 to the southwest corner of Parcel 21-598; thence southerly along the east boundary line of Parcel 42-517 to the southeast corner of Parcel 42-517, thence westerly along the south boundary line of Parcel 42-517 to the southwest corner of Parcel 42-517, thence southerly to the southeast corner of Block C, Rouse Second Addition to Bozeman; thence westerly along the south boundary line of Block C to the northeast corner of Parcel 42-339; thence southwesterly along the southeast boundary line of Parcel 42-339 to the southwest corner of Parcel 42-339; 85 Ordinance No. 1955, Downtown East Main Zone Map Amendment Page 3 of 5 thence southerly along the west boundary line of Parcel 25-260 to the southwest corner of Parcel 25-260; thence westerly to the southeast corner of Lot 20, Block 5, Rouse Second Addition to Bozeman; thence westerly along the south boundary line of said Lot 20 to the southwest corner of said Lot 20; thence southerly along the east boundary line of Parcel 42-511 to the southeast corner of Parcel 42-511; thence westerly along the south boundary line of Parcel 42-511 to the southwest corner of Parcel 42-511; thence westerly to the centerline of the South Church Avenue right of way; thence northerly along the centerline of South Church Avenue to a point which is the intersection of the South Church Avenue right of way and the prolongation of the north boundary line of Parcel 42-511; thence easterly to the northwest corner of Parcel 42-511; thence easterly along the north boundary line of Parcel 42-511 to the southwest corner of Parcel 115 FM 2451; thence northeasterly along the northwest boundary line of Parcel 115 FM 2451 to the northeast corner of Parcel 115 FM 2451; thence southerly along the east boundary line of Parcel 115 FM 2451 to the southeast corner of Parcel 115 FM 2451; thence easterly to the southwest corner of Block E, Rouse Second Addition to Bozeman; thence northerly along the west boundary line of Block E to the northwest corner of Lot 30, Block E, Rouse Second Addition to Bozeman; thence easterly along the north boundary line of Lot 30 to the northeast corner of Lot 30; thence easterly along the prolongation of the north line of said Lot 30 to the centerline of the South Wallace Avenue right of way; thence northerly along the centerline of the South Wallace Avenue right of way to a point which is the intersection of the South Wallace Avenue right of way and the prolongation of the south boundary line of Lot A of Plat C-6-B, Amended Subdivision Plat of a portion of Block C and F of Rouse Second Addition; thence easterly along the south boundary line of said Lot A to the southeast corner of Lot A; thence northerly along the east boundary line of said Lot A to the northwest corner of Lot 1, Block F, Rouse Second Addition to Bozeman, thence easterly along the north boundary line of said Lot 1 to the southwest corner of Lot 23, Block C, Rouse Second Addition to Bozeman; thence along the west boundary line of said Lot 23 to the southwest corner of Lot 4, Block C of Rouse's 2nd Addition to Bozeman; thence northerly along the west line of said Lot 4 to the northeast corner of Parcel A of Plat C-6-F, Amended Plat of Rouse's Second Addition to Bozeman; thence westerly along the north boundary line of said Parcel A to the northwest corner of Parcel A; thence westerly along the prolongation of the north line of said Parcel A to the centerline of the South Wallace Avenue right of way; thence northerly along the centerline of the South Wallace Avenue right of way to the Point of Beginning; parcels containing 24.45 acres, more or less. See Exhibit A for a graphical depiction of the boundary Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 86 Ordinance No. 1955, Downtown East Main Zone Map Amendment Page 4 of 5 Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zoning Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 87 Ordinance No. 1955, Downtown East Main Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _______ day of_____________, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ______________________________________ ROBIN CROUGH City Clerk FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the __________ day of ______________, 2016. The effective date of this ordinance is ____________, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ______________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 88 DOWNTOWN EAST MAIN ZONE MAP AMENDMENT 0100 SCALE:1" = 200' 200100 NORTH Q:\BOZ_14007_Downtown_Bozeman_Zone_Map_Amendment\CADD_C3D\PRODUCTION_DWG\BOZ_14007_ZONE_MAP_AM.dwg, 85x14 PORTRAIT, 6/9/2016 2:25:00 PM, dpezoldt, 1:189