HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - C16. Ord 1995 Provisional, Costco 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 1995, the Costco Annexation Zone Map Amendment to designate 4.66 acres at 5889 E. Valley Center Road as B-2, Community Business District, Application 17067. MEETING DATE: July 16, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1995, establishing
B-2, Community Business district for 4.66-acres, located at 5889 E. Valley Center Road, described as
Tract E-1 of Certificate of Survey 1827, application 17067.
BACKGROUND: On April 10, 2017, the City Commission preliminarily approved Application 17067, the Costco Annexation. The companion zone map amendment was also approved for an initial establishment of B-2, Community Business district. The petitioner returned the signed Annexation
Agreement on July 3, 2018. Resolution 4871 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 through the adoption of Ordinance 1995. All required contingencies of approval have been satisfied.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Provisionally adopt Ordinance 1995 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 1995 Zone Map Amendment Exhibit
Report compiled on July 6, 2018
Commission Memorandum
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Page 1 of 4
ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 4.66 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 4.68 acres of the property has been properly submitted, reviewed, and advertised;
and
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Ordinance 1995, Costco Annexation Zone Map Amendment
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission held a public hearing on March 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 April
10, 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 in the Northeast Quarter of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, and being more particularly described as Tract E-1, Certificate of Survey 1827, containing 4.66 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
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Ordinance 1995, Costco Annexation Zone Map Amendment
Page 3 of 4
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.
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.
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Ordinance 1995, Costco Annexation Zone Map Amendment
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 16th day of July 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 6th day of
August 2018.
_________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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1406-586-8834 1
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SUBJECT PARCEL: Tract E-1 COS 1827
·Existing Costco is adjacent to the subject parcel and directly south of it.
·The subject parcel fronts Catamount St. and E. Valley Center Dr.
COSTCO ZONE MAP AMENDMENTMONTAN
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