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Home My WebLink About06-22-20 City Commission Packet Materials - C21. Ord 2052 Provisional Adoption of Blackwood Groves ZMA App 200201 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional adoption of Ordinance 2052, the Blackwood Groves Zone Map Amendment to designate approximately 120.99 acres as REMU, Residential Emphasis Mixed Use, Application 20020 MEETING DATE: June 22, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2052 to establish the Blackwood Groves Zone Map Amendment to designate approximately 120.99 acres as REMU, Residential Emphasis Mixed Use. The property consists of one parcel of land and adjacent right of way. BACKGROUND: The applicant submitted application 20020 to annex into the City and to apply a zoning classification of REMU, Residential Emphasis Mixed Use, to the subject property. City staff and the Zoning Commission recommended approval of the application. On June 15, 2020, the City Commission held a public hearing and unanimously voted to apply an REMU zoning designation 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) Adoption of Ordinance 2052 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 2052 Zone Map Amendment Exhibit Report compiled on June 15, 2020 Commission Memorandum 248 Page 1 of 5 ORDINANCE NO. 2052 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 120.9877 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, BLACKWOOD GROVES ZONE MAP AMENDMENT, APPLICATION 20020. 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 REMU (Residential Emphasis Mixed Use) for approximately 120.99 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 4, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and 249 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20020 the Blackwood Groves Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 15, 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 REMU, Residential Emphasis Mixed Use: An area of land comprised described as follows: The S ½, SW ¼ of Section 24, and the N ½, N ½, NW ¼ of Section 25, Township 2 South, Range 5 East, P.M.M., Gallatin County, MT, except that part conveyed to the State of Montana for highway right-of-way purposes for South 19th Avenue, State Project S 243(1), by bargain and sale deed, recorded in Book 144 of Deeds, Page 148. Also, a portion of the adjacent right of way of South 19th Avenue, State Project S 243 (1). Said property is all described as follows: Beginning at the center-south one-sixteenth corner of said Section 24; thence southerly 181°24'39", assumed azimuth from north, 1316.63 feet along the east line of the Southwest Quarter of said Section 24; thence southerly 181°44'45" azimuth, 666.45 feet along the east line of the Northwest Quarter of said Section 25; thence westerly 269°57'02" azimuth, 2599.67 feet along the south line of the North Half of the Northwest Quarter of said Section 25, to the east right of way line of South 19th Avenue, State Project S 243(1); thence continuing westerly 269°57'02" azimuth, 100.00 feet to the west right of way line of said South 19th Avenue; thence northerly 001°09'12" azimuth, 665.32 feet along the west right of way line of said South 19th Avenue; thence easterly 090°54'40" azimuth, 50.00 feet along the south line of the Southeast Quarter of Section 250 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 3 of 5 23, Township 2 South, Range 5 East to the southeast corner of said Section 23; thence easterly 089°50’46” azimuth, 50.00 feet along the southwest corner of said Section 24; thence northerly 000°02'23" azimuth, 1331.71 feet along the east right of way line of said South 19th Avenue; thence easterly 090°15'00" azimuth, 1300.25 feet along the north line of the South Half of the Southwest Quarter of said Section 24; thence easterly 090°15'03" azimuth, 1337.87 feet along said north line to the point of beginning. Area = 5,270,255 square feet or 120.9877 Acres or 489,615.85 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. 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. 251 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 4 of 5 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 22nd day of June, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 252 Ordinance 2037, 2504 W. Mendenhall Street 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____________________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 253 ” 254