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Home My WebLink About04-01-19 City Commission Packet Materials - C9. Ord 2018 Provisional, Nexus Point ZMA1 REPORT TO: Mayor and City Commission FROM: Sarah Rosenberg, Associate Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2018, Nexus Point Zone Map Amendment to designate approximately 20.18 acres as R-O, Residential Office, Application 18449. MEETING DATE: April 1, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2018, establishing an R-O, Residential Office district for 20.18 acres, located at 3747 S. 19th Avenue. The property consists of one parcel of land. BACKGROUND: The City Commission conducted a public hearing on January 7, 2019 for Application 18449 and preliminarily approved the Nexus Point Zone Map Amendment. The zone map amendment was approved to change the zoning of one parcel from B-P Business Park to R-O. 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) Provisionally adopt Ordinance 2018 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 2018 Zone Map Amendment Exhibit Report compiled on March 20, 2019 Commission Memorandum 100 Page 1 of 4 ORDINANCE NO. 2018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE APPROXIMATELY 20.18 ACRES TO R-O, RESIDENTIAL OFFICE DENSITY DISTRICT, KNOWN AS THE NEXUS POINT 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-o (Residential Office Density District) for 20.18 acres of the property has been properly submitted, reviewed, and advertised; and 101 Ordinance 2018, Nexus Point Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission held a public hearing on December 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 January 7, 2019, 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-O, Residential Office Density District: Lot 1, Minor Subdivision 235, S23, T02 S, R05 E, 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. 102 Ordinance 2018, Nexus Point 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. 103 Ordinance 2018, Nexus Point 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 1st day of April 2019. ____________________________________ 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 15th day of April 2019. The effective date of this ordinance is May 15, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 104 105 MERIDIAN LAND SURVEYING, INC. Legal Description: A tract of land being Lot 1 of Minor Subdivision No. 235 located in the NE1/4 of Section 23, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana being more fully bounded and described as follows: Beginning at the Northeast corner of the herein described tract at the Southeast corner of Tract 1 of Certificate of Survey Number 1969; thence along the West right-of-way line of South 19th Avenue the three (3) following courses; 1) thence South 00°33'00" East, a distance of 370.70 feet; 2) North 89°22'02" West, a distance of 9.89 feet; 3) South 00°43'58" East, a distance of 333.48 feet to the Northeast corner of Lot 2 of Minor Subdivision Number 235; thence along the North line of said Lot 2 South 89°49'56" West, a distance of 1222.65 feet to a point on the East line of Meadow Creek Subdivision, Phase 1; thence along the East line of said Meadow Creek Subdivision and the East line of Lot 27 of the Genesis Business Park Subdivision, respectively, North 00°15'09" West, a distance of 717.96 feet to the Southwest corner of Lot 5A of the Amended Plat of Lot 5 and Lot 6, Genesis Business Park Subdivision; thence along the South line of said Lot 5A and Tract 1 of Certificate of Survey Number 1969, respectively, South 89°31'03" East, a distance of 1227.92 feet to the Point of Beginning. Said tract containing in area 20.00 Acres, along with and subject to any existing easements. Meridian Land Surveying, Inc. - Specializing in Service to our Clients P.O. BOX 587, GALLATIN GATEWAY, MT 59730 PH. 406-579-1746 MERIDIANSURVEYING@YAHOO.COM 106