HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C24. Ordinance 1986, Provisional, Baxter Meadows Land Partners Zone Map Amendment1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional Adoption of Ordinance 1986, the Baxter Meadows Land Partners
Annexation Zone Map Amendment to designate 5.036 acres as B-2, Community
Business district, Application 17433. MEETING DATE: June 4, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1986, to designate
5.036 acres as B-2, Community Business district, located at 3221 Baxter Lane, application 17433.
BACKGROUND: The City Commission conducted a public hearing on November 6, 2018 for
Application 17433 and preliminarily approved the Peterson Annexation. The approval was subject to
terms and the preparation of an annexation agreement to address the provision of services. Staff prepared the required agreement. The property has changed ownership and the title of the annexation
agreement reflects the change in ownership. The new property owner returned the signed agreement and
all contingencies of the approval have been met. Resolution 4870 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 1986 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 1986 Zone Map Amendment Exhibit
Report compiled on September 19, 2017
Commission Memorandum
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Page 1 of 5
ORDINANCE NO. 1986
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 5.036 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 5.036 acres of the property has been properly submitted, reviewed, and advertised;
and
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Ordinance 1986, Baxter Meadows Land Partners Annexation Zone Map Amendment
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 17, 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 6, 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:
An area of land described as follows:
A tract of land, said tract being the South Half of the Southwest Quarter of the
Southwest Quarter of the Southwest Quarter of Section 35, Township 1 South, Range 5
East, Principal Meridian Montana, Gallatin County Montana as said tract is shown on
the survey recorded on Film 22, Page 966 of Gallatin County records, the tract being
more particularly described as follows:
Beginning at the southwest corner of said Section 35; thence North 00°16'16" East, on
the west line of said section, a distance of 331.68 feet; thence North 89°44'44" East, on
the north line of said survey recorded on Film 22, Page 966, a distance of 661.58 feet;
thence South 00°17'57" West, on the east line of said survey,· a distance of 331.56 feet;
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Ordinance 1986, Baxter Meadows Land Partners Annexation Zone Map Amendment
Page 3 of 5
thence South 89°44'05" West, on the south line of Section 35, a distance of 661.42 feet
to the Point of Beginning.
The described tract has an area of 5.036 acres, more or less. The described tract is as
shown on the accompanying plat 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
decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
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Ordinance 1986, Baxter Meadows Land Partners Annexation Zone Map Amendment
Page 4 of 5
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.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 1986, Baxter Meadows Land Partners Annexation Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 4th day of June, 2018.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
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 18th day of
June, 2018. The effective date of this ordinance is July 18, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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