HomeMy WebLinkAbout10-08-18 City Commission Packet Materials - C17. Ord. 2011 Final, Ziegler Zone Map Amendment1
REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 2011, the Ziegler Zone Map Amendment located at 703 Bridger Drive to designate approximately 3.12 acres as M-1, Light Manufacturing, Application 17423 MEETING DATE: October 8, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2011 to establish the M-1 Light Manufacturing
district on 3.12 acres, located at 703 Bridger Drive. The property consists of one parcel of land.
BACKGROUND: The applicant submitted application 17423 to annex into the City and to apply a zoning classification of M-1, Light Manufacturing, to the subject property. City staff and the Zoning Commission recommended approval of the application. On February 12, 2018, the City Commission
held a public hearing and unanimously voted to apply an M-1 zoning designation to the subject property,
subject to contingencies. During discussion, City Commissioners cited the compatibility of the M-1 classification with surrounding land uses and that the property is surrounded by the city. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. The ordinance was provisionally adopted on September 24, 2018.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2011 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 2011
Zone Map Amendment Exhibit
Report compiled on September 24, 2018
Commission Memorandum
176
Page 1 of 5
ORDINANCE NO. 2011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 3.12 ACRES AS M-1, LIGHT MANUFACTURING.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 application to amend the City of
Bozeman Zoning Map to establish a zoning classification of M-1 (Light Manufacturing) for
approximately 3.12 acres has been properly submitted, reviewed, and advertised; and
177
Ordinance 2011, Ziegler Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on February 6, 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 application No. 17423, the Ziegler Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
12, 2018, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., 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
M-1, Light Manufacturing:
A description of land being located at 703 Bridger Drive and further described as Tract 1
of Film 7 Page 218 located in the south ½ of the southeast ¼ Section 31, Township 1
South, Range 6 East, PMM, being 3.12 acres.
178
Ordinance 2011, Ziegler Map Amendment
Page 3 of 5
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.
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.”
179
Ordinance 2011, Ziegler Map Amendment
Page 4 of 5
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
180
Ordinance 2011, Ziegler 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 24th day of September, 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 8th day of
October, 2018.
_________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
181
182