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HomeMy WebLinkAboutOrdinance No. 1794, Implementing JBL Zone Map Amendment, Z-10164 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Director Chris Kukulski, City Manager SUBJECT: Ordinance 1794 implementing Z-10164 JBL Zone Map Amendment MEETING DATE: Monday, November 1, 2010 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Approve Ordinance 1794 to implement prior Commission decision to approve zone map amendment Z-10164 changing M-1 to B-2 on approximately 1 acre. BACKGROUND: The property owner made application to the Bozeman Department of Planning and Community Development for a Zone Map Amendment to amend the City of Bozeman Zone Map to allow a change in municipal zoning designation from “M-1” (Light Manufacturing District) to “B-2” (Community Business District) for 43,996 square feet of land in an area south of the Village Downtown P.U.D. Subdivision and north of East Main Street. After public hearing and consideration of the facts before them the City Commission voted unanimously to grant approval and direct staff to bring back and ordinance to amend the zoning map. FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This does not affect any budgeted expenditure. ALTERNATIVES: 1) Approve the Ordinance as presented 2) Deny the Ordinance 3) Other actions s as suggested by the City Commission. Attachments: Ordinance 1794 Map of the amended area Report compiled on: October 20, 2010 67 1 ORDINANCE NO. 1794 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE AREA OF A PART OF LOT 2A-IA, AMENDED PLAT OF LOT 2A-I, AMENDED PLAT C-23-A14 AND OTHER LAND AS DESCRIBED IN SECTION 1 BELOW AS “B-2” (COMMUNITY BUSINESS DISTRICT) FOR 1.01 ACRES SITUATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "B-2" (Community Business District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 17, 2010, 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 proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on September 13, 2010, 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, M.C.A., and found that the proposed 68 2 zone map amendment would be in compliance with the twelve criteria; and WHEREAS, at its meeting held on September 13, 2010, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. 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-IA, AMENDED PLAT OF LOT 2A-I, AMENDED PLAT C-23- A14, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN AND OPEN SPACE 14, THE VILLAGE DOWNTOWN P.U.D. SUBDIVISION, 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 Northeast Quarter of Section 7, Township 2 South, Range 6 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the northeast corner of Lot 2A-I A of said Amended Plat; thence southerly 179°46'59", assumed azimuth from north, 117.05 feet along the east line of said Lot 2A- IA; thence westerly 269°51 '07" azimuth 276.04 feet along the north line of vacated Mendenhall Street in Northern Pacific Addition as shown on Amended Plat C-23-U; thence continuing westerly 269°51 '07" azimuth 446.66 feet along said north line; thence easterly 080°03'46" azimuth 452.87 feet along the south line of The Village Downtown P.U.D. Subdivision; thence continuing easterly 081 °36'13" along said line to the point of beginning. Area = 43,996 square feet, 1.0100 acre or 4,087.4 square meters. Subject to existing easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 1st day of November, 2010. 69 3 ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ___________________________________ STACY ULMEN, CMC City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the ____ day of ________________ 2010. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _____________________________ GREG SULLIVAN City Attorney 70 71