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Home My WebLink About06-15-20 City Commission Packet Materials - C9. Ord 2051 Provisional Adoption University Crossing 2020 Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional adoption of Ordinance 2051, the University Crossing 2020 Zone Map Amendment to zone 1.749 acres as B-2, Community Business District, located southwest of the intersection of Kagy Boulevard and S. 19th Avenue, and Application 19444. MEETING DATE: June 15, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisional adoption of Ordinance 2051 to establish the B-2, Community Business District on 1.749 acres located southwest of the intersection of Kagy Boulevard and S. 19th Avenue. The property consists of a portion of one parcel of land. BACKGROUND: The applicant submitted application 19444 to annex into the City and to apply a zoning classification of B-2 Community Business,. City staff and the Zoning Commission recommended approval of the application. On January 13, 2020, the City Commission held a public hearing and unanimously voted to apply an B-2 Community Business, to the subject property, subject to contingencies. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisional adoption of Ordinance 2051 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 2051 Zone Map Amendment Exhibit Report compiled on June 2, 2020 Commission Memorandum 177 Page 1 of 4 ORDINANCE NO. 2051 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.749 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, UNIVERISTY CROSSING 2020 ZONE MAP AMENDMENT, APPLICATION 19444. 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 B-2 (Community Business District) for approximately 1.749 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on December 10, 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 application No. 19444 the University Crossing 2020 Zone Map Amendment, be approved as requested by the applicant; and 178 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 B-2, Community Business District: That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the Southwest Corner of Lot 3, University Crossing Minor Subdivision No. 503; thence westerly 271°22'33", assumed azimuth from north, 243.14 feet on the westerly extension of the south line of said Lot 3; thence northerly 000°37'20" azimuth 89.39 feet; thence northeasterly 046°16'01" azimuth 79.96 feet; thence northeasterly 028°55'08" azimuth 77.03 feet; thence northerly 007°19'59" azimuth 223.03 feet to the centerline of Kagy Boulevard; thence easterly 091°23'42" azimuth 126.76 feet along said centerline; thence southerly 181°03'08" azimuth 435.12 feet, along the west line of said University Crossing Minor Subdivision No. 503 to the point of beginning. Area = 76,185 square feet or 1.7490 Acres or 7,077.8 square meters. 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. 179 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 3 of 4 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.” 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 15th day of June, 2020. 180 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 4 of 4 ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS 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 6th day of July, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 181 182