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Home My WebLink About07-16-18 City Commission Packet Materials - C18. Ord. 1990 Final, West Babcock ZMA1 REPORT TO: Mayor and City Commission FROM: Addi Jadin, Associate Planner Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 1990, The West Babcock Zone Map Amendment to rezone 15 lots totaling approximately 9.9 gross acres / 431,069 square feet from R-O Residential Office and B-2 Community Business to B-2M Community Business District – Mixed, Application 18120 MEETING DATE: July 16, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission finally adopt Ordinance 1990, to rezone 15 lots totaling approximately 9.9 gross acres / 431,069 square feet from R-O Residential Office and B-2 Community Business to B-2M Community Business District – Mixed, as described in Application 18120. The property is generally located along West Babcock Street and West Main Street between South 19th Avenue and South 15th Avenue and includes adjoining portions of West Main Street and West Babcock Street. BACKGROUND: On May 21, 2018, the City Commission preliminarily approved Application 18120, the West Babcock Zone Map Amendment. Provisional adoption of Ordinance 1990 occurred on June 12, 2018. All required contingencies of approval have been satisfied and the required ordinance has been prepared. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Ordinance 1990 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 1990 Zone Map Amendment Exhibit Report compiled on June 27, 2018 Commission Memorandum 260 Page 1 of 5 ORDINANCE NO. 1990 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 15 LOTS TOTALING APPROXIMATELY 9.9 GROSS ACRES / 431,069 SQUARE FEET FROM R-O RESIDENTIAL OFFICE AND B-2 COMMUNITY BUSINESS TO B-2M COMMUNITY BUSINESS DISTRICT – MIXED. 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 15 lots totaling approximately 9.9 gross acres / 431,069 square feet from R-O Residential 261 Ordinance 1990, West Babcock Zone Map Amendment Page 2 of 5 Office and B-2 Community Business to B-2M Community Business District – Mixed has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on May 1, 2018, 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 May 21, 2018, 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-2M, Community Business District - Mixed: A tract of land, said tract being Lots 2 and 3 of Certificate of Survey 1046, Certificate of Survey 420, Certificate of Survey 963, Certificate of Survey 1332, Certificate of Survey 924, Lots 13 and 14 in Block 2 of Richard’s Subdivision, Book 127-Page 274A Plat, Lot 1 of Minor Subdivision No. 9, Lot B in Certificate of Survey 1062, and an adjoining portion of West Main Street, and an adjoining portion of Babcock Street, said tract being located in the Northwest and Southwest Quarters of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being 262 Ordinance 1990, West Babcock Zone Map Amendment Page 3 of 5 further described as follows: Beginning at the southwest corner of Certificate of Survey 924; thence Northerly on the west line of said Certificate of Survey and its northerly extension, a distance of 228 feet, more or less to the centerline of West Babcock Street; thence Westerly, a distance of 17 feet, more or less to the southwest corner of Lot 3 of Certificate of Survey 1046; thence Northerly on the west line of Certificate of Survey 1046, and the northerly extension of said line, a distance of 316 feet, more or less to the centerline of West Main Street; thence Easterly on the centerline of West Main Street, a distance of 940 feet more or less; thence Southerly on the east line of Certificate of Survey 1332 and the northerly and southerly extensions of said line, a distance of 318 feet, more or less to the centerline of West Babcock Street; thence Westerly on said centerline, a distance of 377 feet, more or less; thence Southerly on the east line of Lot 1 of Minor Subdivision No. 9 and the northerly extension of said line, a distance of 290 feet, more or less to the southeast corner of said Lot 1; thence Westerly on the south line of Lot 1, a distance of 97 feet, more or less to the southwest corner of said lot; thence Northerly on the west line of said lot, a distance of 60 feet, more or less to the southeast corner of Lot 14, Block 2 of Richard’s Subdivision; thence Westerly on the south lines of Book 127, Page 274A Plat and Lots 14 and 13 in Block 2 of Richard’s Subdivision, a distance of 273 feet, more or less to the southwest corner of said Lot 13; thence Northerly on the west line of said Lot 13, a distance of 2 feet, more or less to the southeast corner of Certificate of Survey 924; thence Westerly on the south line of said Certificate of Survey, a distance of 182 feet, more or less to the Point of Beginning. The described tract has an area of 9.9 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. 263 Ordinance 1990, West Babcock 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 “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 264 Ordinance 1990, West Babcock 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 25th 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 16th day of July, 2018. The effective date of this ordinance is Wednesday, August 15th, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 265 REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:17053ZMA 24X36 X2REV DATE WEST BABCOCK ZONE MAP AMENDMENT BOZEMAN, MONTANA B17-05311/9/17.DWGCB406.586.0277 • tdhengineering.com Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 ZONING B-2M (PORTIONS WERE PREVIOUSLY ZONED B-2 AND R-O)A TRACT OF LAND, SAID TRACT BEING LOTS 2 & 3, C.O.S. 1046; C.O.S. 420; C.O.S. 963; C.O.S. 1332; C.O.S. 924; LOTS 13 & 14, BLOCK 2 OFRICHARD'S SUBDIVISION; BOOK 127, PAGE 274A PLAT; LOT 1 OF MINOR SUB. NO. 9; LOT B IN C.O.S 1062, & AN ADJOINING PORTION OF WESTMAIN STREET & AN ADJOINING PORTION OF WEST BABCOCK STREET LOCATED IN THE NW 1/4 & SW 1/4 OF SEC. 12, T2S, R5E, P.M.M.CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA266