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Home My WebLink AboutConsent 71 REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2039, the Eastlake Professional Center Zone Map Amendment to designate approximately 7.65 acres from B-2, Community Business, to B-2M, Community Business-Mixed, on the southeast corner of East Valley Center Drive and North 27th Avenue, Application 19499. MEETING DATE: May 4, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2039 to rezone 7.65 acres from B-2 (Community Business district) to B-2M (Community Business-Mixed district) 3740 N. 27th Avenue. The property consists of one parcel of land. BACKGROUND: The applicant submitted application 19499 to rezone 7.65 acre parcel from B-2 to B-2M. City staff and the Zoning Commission recommended approval of the application. On March 9, 2020, the City Commission held a public hearing and unanimously voted to approve the change the zoning designation from B-2 to B-2M on the subject property, subject to contingencies. All contingencies have been met by the applicant, including mylar map and legal description. Provisional adoption of Ordinance 2039 was approved on April 20, 2020. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2039 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 2039 Zone Map Amendment Exhibit Report compiled on April 23, 2020 Commission Memorandum 103 Page 1 of 5 ORDINANCE NO. 2039 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE APPROXIMATELY 7.65 ACRES FROM B-2, COMMUNITY BUSINESS TO B-2M, COMMUNITY BUSINESS-MIXED DISTRICT, KNOWN AS THE EASTLAKE PROFESSIONAL CENTER ZONE MAP AMENDMENT, APPLICATION 19499. 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 7.65 acres from B-2 (Community Business District) to B-2M (Community Business-Mixed District) has been properly submitted, reviewed, and advertised; and 104 Ordinance 2039, Eastlake Professional Center Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on February 18, 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 the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on March 9, 2020, 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-2 (Community Business District) to B-2M (Community Business-Mixed District): Lot 1A, Minor Subdivision 221E, and the adjoining Right-of-Way of East Valley Center Road, located in the Southwest one-quarter (SW ¼) of Section 26, Township One South (T01 S), Range Five East (R05 E), P.M.M., City of Bozeman, Gallatin County, Montana, and further described as follows: Beginning at northeast corner of Lot 1A of Minor Subdivision Number 221E; thence South 00°55'05" West, on the east line of said lot, a distance of 608.81 feet; thence South 89°50'55" West, on the south line of said lot, a distance of 462.52 feet; the following three courses are on westerly line of Lot 1A: thence North 00°54'39" East, a distance of 486.42 feet; thence on a non-tangent curve to the right with a radius of 105 Ordinance 2039, Eastlake Professional Center Zone Map Amendment Page 3 of 5 430.00 feet, a central angle of 35°39'21", an arc length of 267.59 feet, having a chord which bears North 18°44'59" East, 263.30 feet; thence North 36°34'58" East, a distance of 125.33 feet to the northerly corner of said lot; thence North 36°34’58” East, on the northeasterly extension of the said westerly line, a distance of 75.00 feet to the centerline of East Valley Center Road; thence South 53°26’10” East, on said centerline, a distance of 326.19 feet, thence South 00°55'05" East, on the northerly extension of the east line of said Lot 1A, a distance of 92.29 feet to the Point of Beginning. The described tract has an area of 8.26 acres, more or less. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. Area = 7.65 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. 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. 106 Ordinance 2039, Eastlake Professional Center 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.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 107 Ordinance 2039, Eastlake Professional Center 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 20th day of April 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: __________________________________ TANYA ANDREASEN Acting 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. The effective date of this ordinance is ____________, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: __________________________________ TANYA ANDREASEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 108 109