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Home My WebLink About10-28-19 City Commission Packet Materials - C15. Ord 2034 Provisional, Bozeman Medical Arts Center Parking ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2034, the Bozeman Medical Arts Center Parking Lot Zone Map Amendment to designate approximately 0.70 acres located at the SW corner of the intersection of Willson Avenue and Villard Street as B-3, Downtown Business District, Application 19258. MEETING DATE: October 28, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2034, amending 0.70 acres from R-4 to B-3, located at the SW corner of the intersection of Willson Avenue and Villard Street. BACKGROUND: The City Commission conducted a public hearing on September 16, 2019 for Application 19258 and preliminarily approved the Bozeman Medical Arts Center Parking Lot Zone Map Amendment. The zone map amendment was approved to change the zoning from R-4 Residential High Density to B-3 Downtown Business District. The approval was subject to required contingencies of approval that have been satisfied by the applicant. Lots 1 – 6, Block 4 of Beall’s Third Addition to the City of Bozeman, together with a strip of land 8.5 feet in width lying east of and adjoining said Lots 1-6 and half of the streets and alley adjacent to the lots, located in the NW ¼ of Section 7, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 2034 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 2034 Zone Map Amendment Exhibit Commission Memorandum 267 2 Report compiled on October 14, 2019 268 Page 1 of 5 ORDINANCE 2034 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE APPROXIMATELY 0.7 ACRES TO B-3, DOWNTOWN BUSINESS DISTRICT. 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 B-3 (Downtown Business District) for 0.7 acres of the property has been properly submitted, reviewed, and advertised; and 269 Ordinance 2034, Bozeman Medical Arts Parking Lot Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on September 3, 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 September 16, 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 B-3, Downtown Business District: A tract of land known as Lots 1-6, Block 4 of Beall's Third Addition, the vacated 8.5 foot strip of land adjacent to North Willson Avenue, the Eastern One Half of the adjacent 14 foot alley, the Western One Half of the ROW of North Willson Avenue and the South One Half of the ROW of West Villard Street. All located within the North West one quarter of Section 7, Township 2 South, Range 6 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows: Beginning at the POINT OF BEGINNING (POB), which is the centerline intersection of North Willson Avenue and West Villard Street; thence, S 01° 22' 17" along the centerline of North Willson Avenue for a distance of 179.87 feet to a point; 270 Ordinance 2034, Bozeman Medical Arts Parking Lot Zone Map Amendment Page 3 of 5 thence, N 89° 00' 40" W for a distance of 169.20 feet to a point at the centerline intersection of a 14 foot alley. Thence, N 01° 21' 41" E along the centerline of said alley for a distance of 179.87 feet to a point at the centerline intersection of said alley and West Villard Street. thence S 89° 00' 46" E along the centerline of West Villard Street a distance of 169.24 feet to the P.O.B. Said area being 30,436 square feet or 0.70 acres more or less, along with and subject to all easements of record or apparent on the ground. 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. 271 Ordinance 2034, Bozeman Medical Arts Parking Lot Zone Map Amendment Page 4 of 5 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.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th Day of October, 2019. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 272 Ordinance 2034, Bozeman Medical Arts Parking Lot Zone Map Amendment Page 5 of 5 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 ____ day of ______________________ 2019. The effective date of this ordinance is _______________, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ BRENDA SWEENEY Deputy City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 273 274