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Home My WebLink About11-18-19 City Commission Packet Materials - C20. Ord 2035 Provisional, Floweree ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2035, the Floweree Zone Map Amendment to designate approximately 19.8 acres from BP, Business Park to B-2, Community Business District, Application 19279. MEETING DATE: November 18, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2035, establishing B-2, Community Business district for 19.8 acres. BACKGROUND: The City Commission conducted a public hearing on September 23, 2019 for Application 19279 and preliminarily approved the Floweree Zone Map Amendment. The zone map amendment was approved to change the zoning of a parcel from BP, Business Park to B-2 Community Business District on 19.8 acres. 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 2035 as presented. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2035 Zone Map Amendment Exhibit Report compiled on November 6, 2019 Commission Memorandum 238 Page 1 of 5 ORDINANCE NO. 2035 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND APPROXIMATELY 19.8 ACRES FROM BP, BUSINESS PARK, TO B-2, COMMUNITY BUSINESS DISTRICT, KNOWN AS THE FLOWEREE 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 amend the zoning classification from BP (Business Park) to B-2 (Community Business District) for 19.8 acres of the property has been properly submitted, reviewed, and advertised; and 239 Ordinance 2035, Floweree 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 23, 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-2,Community Business District: COMMENCING AT THE SE1/16 CORNER OF SECTION 9, THENCE S89°34'10"E A DISTANCE 40.88 FEET TO THE POINT OF BEGINNING, THE NORTHWEST CORNER OF THE SUBJECT PROPERTY; THENCE S89°34'10"E A DISTANCE 622.7 FEET; THENCE S02°00'32 "W A DISTANCE OF 1382.8 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY OF US HIGHWAY 191; THENCE ALONG SAID RIGHT OF WAY, N89°28'57"W A DISTANCE OF 625.4 FEET; THENCE N02°07'08"E A DISTANCE OF 1381.9 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 19.8 ACRES MORE OR LESS 240 Ordinance 2035, Floweree 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.” 241 Ordinance 2035, Floweree Zone Map Amendment Page 4 of 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 242 Ordinance 2035, Floweree 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 18th day of November 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 _____day of ________________ 2019. The effective date of this ordinance is 30 days after final adoption. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 243 244