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Home My WebLink About07-15-19 City Commission Packet Materials - C21. Ord 2021 Final, NW Corner of Cottonwood and Oak Annexation1 REPORT TO: Mayor and City Commission FROM: Danielle Garber, Associate Planner Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 2021, the 2018 Northwest Corner of Cottonwood & Oak Annexation Zone Map Amendment to designate approximately 29.513 acres as B-2M, Community Business District - Mixed, and 130.994 acres as REMU, Residential Emphasis Mixed-Use District, Application 18490. MEETING DATE: July 15, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve final adoption of Ordinance 2021, establishing B-2M, Community Business District - Mixed, and REMU, Residential Emphasis Mixed- Use District for a total of 160.507 acres, located northwest of the corner of North Cottonwood Road and West Oak Street. The property consists of one parcel of land. BACKGROUND: The City Commission conducted a public hearing on January 28, 2019 for Application 18490 and preliminarily approved the Northwest Corner of Cottonwood & Oak Annexation. The companion zone map amendment was also approved for an initial establishment of B-2M and REMU. The approval was subject to terms and the preparation of an annexation agreement to address the provision of services. Staff prepared the required agreement. Resolution 5078 authorized the City Manager’s signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the zoning as well. Resolution 5078 was adopted on June 24, 2019. Provisional Adoption of this ordinance was approved on June 24, 2019. All required contingencies of approval have been satisfied. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 2021 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 2021 Zone Map Amendment Exhibit Report compiled on July 8, 2019 Commission Memorandum 331 Page 1 of 5 ORDINANCE NO. 2021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE APPROXIMATELY 29.513 ACRES TO B-2M, COMMUNITY BUSINESS DISTRICT-MIXED, AND 130.994 ACRES TO REMU, RESIDENTIAL EMPHASIS MIXED USE, KNOWN AS THE 2018 NORTHWEST CORNER OF COTTONWOOD AND OAK 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 an initial zoning classification of B-2M (Community Business District-Mixed) for 332 Ordinance 2021, 2018 Northwest Corner of Cottonwood and Oak Zone Map Amendment Page 2 of 5 29.513 acres, and REMU (Residential Emphasis Mixed Use) for 130.994 acres of the property has been properly submitted, reviewed, and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on January 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 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 28, 20119, 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-Mixed, and REMU, Residential Emphasis Mixed Use District: A description of land being the NE ¼ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE ¼ of Section 4, Township 2 South, Range 5 East; and a 30' wide county road right of way easement located in the SE ¼ of Section 33, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 4, also being the Southeast Corner of Tract 1 of Certificate of Survey No. 2553, the Point of 333 Ordinance 2021, 2018 Northwest Corner of Cottonwood and Oak Zone Map Amendment Page 3 of 5 Beginning; thence S.2°16'25”W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East ¼ Corner of Section 4; thence N.89°13'13”W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center ¼ Corner of Section 4, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.1°42'36”E. along the east line of said Tract 4 of Certificate of Survey No. 2552 a distance of 2625.17 feet to the North ¼ Corner of Section 4 as described in Certified Corner Record Book 3, Page 922 doc. # 2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No. 2553; thence N.1°42'36”E. a distance of 30.00 feet; thence S.89°15'30”E. a distance of 2676.05 feet; thence S.2°16'25"W. a distance of 30.00 feet to the Point of Beginning. 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. 334 Ordinance 2021, 2018 Northwest Corner of Cottonwood and Oak Zone Map Amendment Page 4 of 5 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. 335 Ordinance 2021, 2018 Northwest Corner of Cottonwood and Oak 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 24th day of June, 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 of July 2019. The effective date of this ordinance is August 14, 2019. _________________________________ CYNTHIA L. 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