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HomeMy WebLinkAbout01-27-20 City Commission Packet Materials - CII1. Ord. 2037, Final Adoption of Zone Map Amendment for App. 194621 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 2037, the 2504 W. Mendenhall Street Zone Map Amendment to designate approximately 0.978 acres as R-3, Residential Medium Density, Application 19462 MEETING DATE: January 27, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2037 to establish the R-3 Residential Medium Density district on 0.978 acres, located at 2504 W. Mendenhall Street. The property consists of one parcel of land and adjacent right of way. BACKGROUND: On January 13, 2020, the City Commission held a public hearing and voted 4-1 to apply an R-3 zoning designation to the subject property. All contingencies have been met by the applicant. The ordinance was provisionally adopted on January 13, 2020. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2037 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 2037 Report compiled on January 14, 2020 Commission Memorandum 329 Page 1 of 4 ORDINANCE NO. 2037 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.978 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY, APPLICATION 19462. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-3 (Residential Medium Density) for approximately 0.978 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on January 7, 2020 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 application No. 19462 the 2504 W. Mendenhall Street Zone Map Amendment, be approved as requested by the applicant; and 330 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 2 of 4 WHEREAS, after proper notice, the City Commission held its public hearing on January 13, 2020, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., 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-3, Residential Medium Density: Lot 1, Simkins Subdivision, located in the NE ¼ of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being 0.388 acres; and The adjacent right of way for N. 25th Avenue from the southern boundary of Lot 1, Simkins Subdivision to the northern edge of W. Mendenhall Street right of way and the right of way of W. Mendenhall Street from the western boundary of Lot 1, Simkins Subdivision to the current City boundary, being 0.59 acres. . 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. 331 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 3 of 4 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of January, 2020. 332 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 4 of 4 ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS Interim 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____________________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 333