HomeMy WebLinkAbout12-03-18 City Commission Packet Materials - C11. Ord 2015 Final, 16th and Olive ZMA1
REPORT TO: Mayor and City Commission
FROM: Danielle Garber, Assistant Planner Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 2015, the 16th and Olive Zone Map Amendment to
designate approximately 0.59 acres as R-5, Residential Mixed-Use High Density,
Application 18323. MEETING DATE: December 3, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission finally adopt Ordinance 2015, establishing an R-
5, Residential Mixed-Use High Density district for 0.59 acres, located at 1608 West Olive St and 215
South 16th Ave. The property consists of two parcels of land.
BACKGROUND: The City Commission conducted a public hearing on October 8, 2018 for Application 18323 and preliminarily approved the 16th and Olive Zone Map Amendment. The zone map
amendment was approved to change the zoning of two parcels from R-3 Residential Medium Density to
R-5. The approval was subject to the required contingencies of approval that have been satisfied by the
applicant.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adopt Ordinance 2015 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 2015
Zone Map Amendment Exhibit
Report compiled on November 25, 2018
Commission Memorandum
131
Page 1 of 4
ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
APPROXIMATELY 0.59 ACRES TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY
DISTRICT, KNOWN AS THE 16TH AND OLIVE ZONE MAP AMENDMENT.
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 2 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 a zoning classification of R-5 (Residential Mixed-Use High Density District) for 0.59
acres of the property has been properly submitted, reviewed, and advertised; and
132
Ordinance 2015, 16th And Olive Zone Map Amendment
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 18,
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 October
8, 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
R-5, Residential Mixed-Use High Density District:
Lot 1-A & 2A, Block 1 of Richards Subdivision, Plat J-30-D, located in Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
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.
133
Ordinance 2015, 16th And Olive Zone Map Amendment
Page 3 of 4
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.
134
Ordinance 2015, 16th And Olive 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 19th Day of November, 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 3rd day of
December 2018. The effective date of this ordinance is January 2, 2019.
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
135
12,769 SF
0.29 acres
LOT 2A
13,133 SF
0.30 acres
LOT 1A
0° 26' 56"173.73'NW89° 05' 37"
41.52'
S W
4
7° 14' 4
5"
172.8
0'
S
E
0° 11' 03"53.79'SE88° 52' 25"
167.24'
S W
215 S 16TH AVE
1608 WEST OLIVE ST
25,901 SF
0.59 acres
COMBINED LOT
N
89° 00'
00"102.48'
N E
0° 26' 57"26.54'NW89° 33' 03"
60.22'
N E0° 26' 56"17.74'SE0° 26' 56"60.26'NWZONING: R-5
PROPERTY LINES
1608 WEST OLIVE ST LEGAL DESCIPTION:
RICHARDS SUB, S12, T02 S, R05 E, BLOCK 1, Lot 1-A, PLAT J-30-D
215 S 16TH AVE LEGAL DESCIPTION:
RICHARDS SUB, S12, T02 S, R05 E, BLOCK 1, Lot 2A, PLAT J-30-D
ZONING: R-5
R/W CENTERLINE
R/W CENTERLINEWEST OLIVE STREET
SOUTH 16TH AVE 1" = 30'-0"
11/1/2018 6:00:39 PM
ZMA.
ZONE MAP AMENDMENT
16TH AND OLIVE
3G PROPERTIES
1" = 30'-0"1 ZONE MAP AMENDMENT.
136