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Home My WebLink About07-23-18 City Commission Packet Materials - CII1. Ord. 2007 Provisional, Kagy Crossroads Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2007, the Kagy Crossroads Zone Map Amendment changing zoning on 5.5098 acres from B-2 (Community Business District) to B-2M (Community Business Mixed District). Location: generally located northwest of the intersection of S 19th Avenue and Kagy Boulevard and is legally described as Lots 1 and 6, Kagy Crossroads Minor Subdivision, located in NE4, SE1/4 Section 14, T2S, R5E, City of Bozeman, Gallatin County, Montana, 59715. Application 18132. MEETING DATE: July 23, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission grant final adoption to Ordinance 2007, rezone approximately 5.5098 acres from B-2 Community Business District to B-2M Community Business- Mixed. BACKGROUND: On June 4, 2018, the City Commission preliminarily approved Application 18132, the Kagy Crossroads 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) Adopt Ordinance 2007 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 2007 Exhibit A Zone Map Amendment Exhibit Report compiled on June 19, 2018 Commission Memorandum 108 Page 1 of 5 ORDINANCE NO. 2007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 5.5098 ACRES FROM B-2 COMMUNUTY BUSNIESS TO B-2M COMMUNITY BUSINESS- 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 approximately 5.5098 acres from B-2 Community Business to B-2M Community Business-Mixed has been properly submitted, reviewed, and advertised; and 109 Ordinance 2007 Kagy Crossroads Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on May 15, 2018, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission voted 2:2 to recommended the Bozeman City Commission to approve the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 4, 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: Lots 1 and 6, Block 1, Correction Plat of Kagy Crossroads Subdivision and adjacent portions of Remington Way and Kagy Boulevard, located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows: Beginning at the southwest corner of Lot 6, Block 1, Correction Plat of Kagy Crossroads Subdivision; thence northerly 000°08'24", assumed azimuth from north, 672.60 feet along the west line of said Lots 1 and 6 and its northerly extension to the centerline of Remington Way; thence easterly 090°00'00" azimuth, 124.78 feet along the centerline of Remington Way; thence southerly 180°04'03" azimuth, 30.00 feet to the north line of said Lot 1; thence easterly 090°00'00", 217.45 feet along the north line of Lot 1; thence southerly 110 Ordinance 2007 Kagy Crossroads Zone Map Amendment Page 3 of 5 180°00'00", 689.65 feet, along the east line of said Lots 1 and 6 and its southerly extension to the centerline of Kagy Boulevard; thence westerly 270°20'35" azimuth, 343.95 feet along said centerline; thence northerly 000°08'24" azimuth, 45.00 feet along the southerly extension of the west line of said Lots 1 and 6 to the Point of Beginning. Area = 240,008 square feet, 5.5098 acres or 22,297.5 square meters. Subject to 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. 111 Ordinance 2007 Kagy Crossroads 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. 112 Ordinance 2007 Kagy Crossroads 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 23rd 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. The effective date of this ordinance is September 5th, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 113 t 114 115