HomeMy WebLinkAbout04-15-19 City Commission Packet Materials - C7. Ord 2018 Final, Nexus Point Zone Map Amendment1
REPORT TO: Mayor and City Commission
FROM: Sarah Rosenberg, Associate Planner Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 2018, the Nexus Point Zone Map Amendment to
designate approximately 20.18 acres as R-O, Residential Office, Application
18449. MEETING DATE: April 15, 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) 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 April 2, 2019
Commission Memorandum
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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 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 District) for 20.18 acres of the
property has been properly submitted, reviewed, and advertised; and
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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 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.
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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.
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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
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