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Home My WebLink About01-22-18 City Commission Packet Materials - CII2. Ordinance 1983 Provisional, Kirk Park ZMA1 REPORT TO: Mayor and City Commission FROM: Melissa Pope, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1983, The 2017 Kirk Park Zone Map Amendment to rezone approximately 12.335 acres / 537, 304 square feet of an existing lot from R-2 Residential Medium Density to PLI Public Lands and Institutions, and to zone approximately 1.198 acres / 52, 202 square feet B-2 Community Business to match the existing zoning to the property boundary, Application 17442. MEETING DATE: January 22, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1983, rezone approximately 12.335 acres/ 537, 304 square feet from R-2 Residential Medium Density to PLI Public Lands and Institutions, and to zone approximately 1.198 acres/52, 202 square feet B-2 Community Business to match the existing zoning to the property boundary, located generally southeast of the intersection of West Beall St. and North 20th Ave, described as Park Area 1 and Lot 1, Block 6 of West Park Manor, 1st Addition, application 17442. BACKGROUND: On November 23, 2017, the City Commission preliminarily approved Application 17422, the 2017 Kirk Park Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1983 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 1983 Zone Map Amendment Exhibit Report compiled on January 2, 2018 Commission Memorandum 85 Page 1 of 6 ORDINANCE NO. 1983 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE APPROXIMATELY 12.335 ACRES FROM R-2 RESIDENTIAL MEDIUM DENSITY TO PLI PUBLIC LANDS AND INSTITUTIONS, AND TO ZONE APPROXIMATELY 1.198 ACRES B-2 COMMUNITY BUSINESS TO MATCH THE EXISTING ZONING TO THE PROPERTY BOUNDARY. 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, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. 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, M.C.A..; 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 rezone approximately 12.335 acres/537, 304 square feet of an existing lot (“Park Area 1”) from 86 Ordinance 1983, 2017 Kirk Park Zone Map Amendment Page 2 of 6 R-2 Residential Medium Density to PLI Public Lands and Institutions, and to zone approximately 1.198 acres/52, 202 square feet B-2 Community Business to match the existing zoning to the property boundary (“Lot 1”) has been properly submitted, reviewed, and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on November 21 21, 2017, 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 as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 27, 2017, 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 zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. 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-2, Community Business District: A tract of land, said tract being Lot 1, Block 6 of the Amended Plat of Park Area & a Portion of Block 6 of West Park Manor, First Addition as filed in Platbook F, Page 36-J of Gallatin County records, said tract being located in the Northeast Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: 87 Ordinance 1983, 2017 Kirk Park Zone Map Amendment Page 3 of 6 Beginning at the most northerly corner of said Lot 1; the following 6 courses are clockwise around said lot: thence South 38°37'41" East, a distance of 218.05 feet; thence South 51°21'34" West, a distance of 75.87 feet; thence on a curve to the left with a radius of422.00 feet, a central angle of30°00'48", an arc length of221.06 feet, having a chord which bears South 36°25'33" West, 218.54 feet; thence North 68°39'18" West, a distance of 90.89 feet; thence North 01°03'48" West, a distance of 105.64 feet; thence North 28°41'56" East, a distance of 290.55 feet to the Point of Beginning. The described tract has an area of 1.198 acres, more or less. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. That the zoning district designation of the following-described property is hereby designated as PLI, Public Lands and Institutions: A tract of land, said tract being Park Area 1, of the Amended Plat of Park Area & a Portion of Block 6 of West Park Manor, First Addition as filed in Platbook F, Page 36-J of Gallatin County records, said tract being located in the Northeast Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Beginning at the northeast corner of said Park Area 1; the following 3 courses being on the easterly line of said park and on the westerly line of North 20th Avenue: thence South 02°14'02" West, a distance of 212.35 feet; thence on a non-tangent curve to the right with a radius of 352.00 feet, a central angle of 49°08'00", an arc length of 301.85 feet, having a chord which bears South 26°50'43" West, 292.69 feet; thence South 51°21'34" West, a distance of 20.97 feet; continuing on the generally northwesterly line of said North 20th Avenue through the following 2 courses: thence North 38°37'41" West, a distance of 10.00 feet; thence South 51°21'34" West, a distance of 40.00 feet; the following 3 courses are on the northeasterly and westerly boundaries of Lot 1 of said amended plat: thence North 38°37'41" West, a distance of 218.05 feet; thence South 28°41'56" West, a distance of 290.55 feet; thence South 01°03'48" East, a distance of 105.64 feet; the following 6 courses being on the southerly, westerly and northerly lines of said Park Area 1: thence North 68°39'18" West, a distance of 49.00 feet; thence on a a 88 Ordinance 1983, 2017 Kirk Park Zone Map Amendment Page 4 of 6 non-tangent curve to the left with a radius of 1431.78 feet, a central angle of 18°23'33", an arc length of 459.61 feet, having a chord which bears North 77°43'45" West, 457.64 feet; thence North 86°55'09" West, a distance of 53.96 feet; thence North 01°38'50" East, a distance of 563.90 feet; thence North 01°30'40" East, a distance of 24.47 feet; thence South 89°17'19" East, on the south line of West Beall Street, a distance of 997.93 feet to the Point of Beginning. The described tract has an area of 12.335 acres, more or less. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. 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. 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 89 Ordinance 1983, 2017 Kirk Park Zone Map Amendment Page 5 of 6 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 “Zone Map Amendments.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of January, 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 90 Ordinance 1983, 2017 Kirk Park Zone Map Amendment Page 6 of 6 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 5th day of February, 2018. The effective date of this ordinance is March 7th , 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 91 S89°17'19"E 997.93' N01°38'50"E 563.90' S02°14'02"W N86°55'09"W 53.96' N01°30'40"E 24.47' C1 C2 C3 L1 L2 L3 L4 POINT OF BEGINNING 212.35' REVISION SHEET DESIGNED BY: QUALITY CHECK: JOB NO. FIELDBOOK DRAWN BY: DATE: 17015 ZMA 24X36 X3 REV DATE KIRK PARK ZONING MAP AMENDMENT BOZEMAN, MONTANA B17-015 8/8/2017 .DWG SA, BST 406.586.0277 • tdhengineering.com Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 ZONING B-2 & PLI (PORTIONS WERE PREVIOUSLY ZONED R-2) A TRACT OF LAND, SAID TRACT BEING PARK AREA 1 & LOT 1, BLOCK 6 OF THE AMENDED PLAT OF PARK AREA & A PORTION OF BLOCK 6 OF WEST PARK MANOR, FIRST ADDITION (F-36-J), LOCATED IN THE NE 1/4 OF SECTION 11, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 92