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Home My WebLink AboutZone Map Amendment Z-11002, Minor Subdivision 295, Spring Creek Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director DPCD Tim McHarg, Director DPCD SUBJECT: Zone Map Amendment Z-11002, Minor Subdivision 295, Spring Creek Village Resort, Lot 4 MEETING DATE: August 13, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve application Z-11002 and direct staff to prepare an implementing ordinance upon compliance with the contingencies on page 2 of the staff report. RECOMMENDED MOTION: Having previously heard and considered public testimony, the application materials, and the staff analysis the criteria for a zone map amendment were found to be met and therefore, I approve first reading of Ordinance 1837 which implements zone map amendment Z-11002. BACKGROUND: The applicant requested a change in the zoning map from BP, Business Park to B-2, Community Business on slightly less than 20 acres located NW of the intersection of W. Main Street and Resort Drive. The Commission gave preliminary approval to this application on June 11, 2012. The applicant has provided the necessary documentation to allow preparation of the implementing ordinance. UNRESOLVED ISSUES: None ALTERNATIVES: 1. As identified by the City Commission. FISCAL EFFECTS: There are no direct expenses to the City budget associated with a zone map amendment whether it is implemented or not. Attachments: Ordinance 1837 Map of the amendment Report compiled on: July 30, 2012 27 ORDINANCE NO. 1837 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE CITY OF BOZEMAN ZONING MAP BE AMENDED TO ALLOW A CHANGE IN A MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 19.9621± ACRES OF LAND FROM “BP” (BUSINESS PARK DISTRICT) TO “B-2” (COMMUNITY BUSINESS DISTRICT) ON PROPERTY LEGALLY DESCRIBED AS LOT 4, MINOR SUBDIVISION 295, LOCATED IN SECTION 10, T2S, R5E, PMM CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. 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 ordinance and resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and Page 1 of 6 28 WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, C&H Engineering., on behalf of Spring Creek Village LLC, applied for a zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning map to allow a change in a municipal zoning designation on approximately 19.9621± acres of land from “BP” (Business Park District) to “B- 2”, (Community Business District); and WHEREAS, the proposed zoning map amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 18.70 of the Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and WHEREAS, the City of Bozeman Zoning Commission continued the public hearing originally advertised for February 15, 2011 to March 1, 2011; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on March 1, 2011, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and WHEREAS, no public testimony was received at the public hearing on the matter of the zone map amendment; and WHEREAS, the City of Bozeman Zoning Commission discussed the Community Commercial Mixed Use land use designation, long term use of the property, entryway corridor requirements, the difference between BP and B-2 zoning districts, and the growth policy; and Page 2 of 6 29 WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment generally complies with the 13 criteria for consideration established in Chapter 18.70 of the Bozeman Unified Development Ordinance and WHEREAS, after proper notice and having been opened and continued to dates certain, the City Commission held a public hearing on June 11, 2012, to receive and review all written and oral testimony on the request for a text amendment to the Unified Development Ordinance; and WHEREAS, the City Commission reviewed and considered the relevant Unified Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and found the proposed Unified Development Ordinance map amendment to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments would yield a superior outcome for the community than the text as presently exists; and WHEREAS, at its public hearing on June 11, 2012, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman’s adopted growth policy and applicable statutes and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That the zoning district designation of the following-described property is hereby designated as "B-2" (Community Business District): Page 3 of 6 30 Lot 4, Minor Subdivision No. 295, The Spring Creek Village Resort, 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 Southwest Quarter of Section 10, Township 2 South, Range 5 East, Principal Meridian, Montana, and further described as follows: Beginning at the southwest corner of said Lot 4; thence northerly 000° 26' 06", assumed azimuth from north, 1231.59 feet along the west line of said Lot 4; thence on the following courses along the boundary of said Lot 4; easterly 090° 26' 06" azimuth 708.79 feet; southerly 180° 00' 00" azimuth 926.89 feet; westerly 270° 00' 00" azimuth 6.00 feet; southerly 180° 00' 00" azimuth 298.10 feet; westerly 269° 54' 29" azimuth 14.31 feet; westerly 283° 56' 37" azimuth 41.23 feet; westerly 269° 54' 29" azimuth 324.77 feet; westerly 269° 52' 58" azimuth 135.46 feet; westerly 255° 52' 55" azimuth 41.23 feet; westerly 269° 55' 05" azimuth 157.62 feet to the point of beginning. The computed area of the described tract is 19.9621 acres, more or less. The described tract is along with and subject to any existing easements. 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 provision of Page 4 of 6 31 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 The ordinance shall not be codified. Section 6 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of August 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ Page 5 of 6 32 Page 6 of 6 GREG SULLIVAN City Attorney 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 ________________, 2011. The effective date of this ordinance is __________, __, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 33 34