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Home My WebLink About03-19-18 City Commission Packet Materials - C9. Ordinance 1988 Provisional, Starner Annexation ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1988, The Starner Annexation Zone Map Amendment to designate 2.658 acres as B2, Community Business District, Application 17187. MEETING DATE: March 19 , 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1988, establishing B2, Community Business district for 2.658-acres, located generally at the southwest corner of Reeves Road East and Campbell Road, described as Section 26, Township 1 South, Range 5 East, Block 2, Lot 3, Walker Subdivision, Bozeman P.M.M., Gallatin County, Montana, application 17187. BACKGROUND: On November 20, 2017, the City Commission preliminarily approved Application 17454, the Starner Annexation. The companion zone map amendment was also approved for an initial establishment of B2, Community business district. The petitioner returned the signed Annexation Agreement and required exhibits for the annexation and zone map amendment on February 22, 2018. Resolution 4890 authorizes the City Manager’s signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the zoning as well. All required contingencies of approval have been satisfied. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1988 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 1988 Zone Map Amendment Exhibit Report compiled on February 27, 2018 Commission Memorandum 228 Page 1 of 5 ORDINANCE NO. 1988 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 2.02 ACRES TO B-2, COMMUNITY BUSINESS DISTRICT. 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 establish an initial zoning classification of B-2 (Community Business District) for approximately 2.02 acres of the property has been properly submitted, reviewed, and advertised; and 229 Ordinance 1988, Starner Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on November 7, 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 20, 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: The property is located at the southwest corner of the intersection of Reeves Road East and Campbell Road. The property is further described as: A tract of land being Lot 3, Block 2, and a portion of the Campbell Road Right-of-Way of the Walker Property Subdivision, Plat J-164 located in the Southeast One-Quarter of Section 26 and the Southwest One-Quarter of Section 25, Township 1 South, Range 5 East, P.M.M. more particularly described as follows; Beginning at the Southwest Corner of Lot 3, Block 2; thence along the East Right of Way boundary of 19th Avenue N12°19'53"E, a distance of 24.01 feet to a point; thence along a spiral curve being the East Right of Way boundary of 19th Avenue with a chord bearing of N09°44'47"E, and a chord length of 268.12 feet to a point; 230 Ordinance 1988, Starner Annexation Zone Map Amendment Page 3 of 5 thence along said 19th Avenue Right of Way, along a curve concave to the West 181.44 feet, having a radius of 1094.93 feet, a delta angle of 9°29'40", a chord bearing of N00°05'02"E, and having a chord length of 181.23 feet, to a point; thence along a curve concave to the South 347.68 feet, having a radius of 990.21 feet, a delta angle of 20°07'03", a chord bearing of S62°26'40"E, and having a chord length of 345.90 feet to a point; thence along the Eastern Right of Way boundary of Campbell Road, S24°50'01"W, a distance of 109.27 feet to a point; thence continuing along the Eastern Right of Way boundary of Campbell Road, along a curve concave to the Northwest 356.50 feet, having a radius of 1744.28 feet, a delta angle of 11°42'37", a chord bearing of S30°41'19"W, and having a chord length of 355.88 feet, to a point; thence along the Northern Right of Way boundary of US Highway 10, N53°27'23"W, a distance of 161.71 feet to the point of beginning containing 2.658 acres more or less. 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. 231 Ordinance 1988, Starner Annexation Zone Map Amendment Page 4 of 5 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 “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 19th day of March 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 232 Ordinance 1988, Starner Annexation Zone Map Amendment Page 5 of 5 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 2nd day of April 2018. The effective date of this ordinance is May 2, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 233 234