HomeMy WebLinkAbout09-23-19 City Commission Packet Materials - CII2. Ord 2024 Provisional, Bridger View Redevelopment ZMA1
REPORT TO: Mayor and City Commission
FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development
SUBJECT: Provisional Adoption of Ordinance 2024, the Bridger View Redevelopment Zone
Map Amendment to rezone approximately 8.025 acres from B-1 (Neighborhood
Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District),
Application 19105.
MEETING DATE: September 23, 2019
AGENDA ITEM TYPE: Consent II
RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2024, rezone
approximately 8.025 acres southwest corner of Bridger Drive and Story Mill Road to R-3, Medium
Density Residential District.
BACKGROUND: The City Commission conducted a public hearing on July 15, 2019 for Application
19105. The City Commission voted (4:1) to approve the zone map amendment to change the zoning of
one lot with three zoning designations from B-1 (Neighborhood Business), R-2 (Residential Single
Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential
District). The approval was subject to the required contingencies of approval that have been satisfied by the applicant.
The companion Growth Policy Amendment was also approved to amend Figure 3-1, the future land use
map from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed Use and
the adjacent Bridger Drive right-of-way, Application 19104.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Provisionally adopt Ordinance 2024 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 2024, Zone Map Amendment Exhibit
Report compiled on September 12, 2019
Commission Memorandum
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Page 1 of 5
ORDINANCE NO. 2024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE
APPROXIMATELY 8.025 ACRES FROM B-1, NEIGHBORHOOD BUSINESS, R-2,
RESIDENTIAL SINGLE HOUSEHOLD, LOW DENSITY, AND R-4, RESIDENTIAL
HIGH DENSITY TO R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT, KNOWN AS
THE BRIDGER VIEW REDEVELOPMENT 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 rezone approximately 8.025 acres from B-1 (Neighborhood Business), R-2 (Residential Single
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Ordinance 2024, Bridger View Redevelopment Zone Map Amendment
Page 2 of 5
Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density
Residential District) has been properly submitted, reviewed, and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 2, 2019, 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 July 15,
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 rezoned from
B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4
(Residential High Density) to R-3 (Medium Density Residential District):
Bridger View Mobile Home Court as shown on Certificate of Survey 2547, and a portion
of the adjacent Bridger Drive lying south of said centerline, located within the SW ¼ of
Section 31, Township 1 South, Range 6 East, Principal Meridian, Gallatin County,
Montana.
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Ordinance 2024, Bridger View Redevelopment Zone 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.”
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Ordinance 2024, Bridger View Redevelopment Zone 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.
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Ordinance 2024, Bridger View Redevelopment 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 23rd day of September 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 14th day of
October 2019. The effective date of this ordinance is November 13, 2019.
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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