HomeMy WebLinkAboutProvisional Adopt Ordinance 1886, Tandem Zone Map Amendment_13
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Provisional Adoption of Ordinance 1886 approving the Tandem Zone
Map Amendment to amend the zoning designation of R-3 (Residential
Medium Density District) to B-2 (Community Business District) on 0.446
acres. The property is addressed at 601 W. Villard Street. Application
Z13294
MEETING DATE: April 7, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission provisionally approves Ordinance 1886 for
a zone map amendment to amend the zoning designation from R-3 to B-2 on 0.446 acres.
RECCOMENDED MOTION: Should the Commission remove this from the consent agenda
we recommend the following motion: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, and a public hearing having
previously been held on February 24, 2014, I hereby provisionally adopt Ordinance 1886.”
BACKGROUND: The property owner and applicant Vision Development, with representative C&H Engineering and Surveying, Inc., received preliminary approval to annex 6.2076 acres on
January 27, 2014. The annexation agreement was signed by the Applicant and returned to the
City for processing. The initial zoning of R-2 (Residential Two-Household Medium Density
District) was approved for this property by the Commission and now requires the implementing
ordinance to be approved in association with the completion of the annexation process. The Commission’s approval of this consent item incorporates the findings made for the Zone Map
Amendment with the Commission’s unanimous approval on February 24, 2014.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance as provided by staff
2. Adopt a modified ordinance as directed by the City Commission 3. Not adopt the ordinance
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of the development.
Attachments: Ordinance 1886
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Tandem ZMA Exhibit
Report compiled on: March 30, 2014
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Page 1 of 5
ORDINANCE NO. 1886
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO AMEND THE
CITY ZONING MAP FROM ZONING DESIGNATION OF R-3 (RESIDENTIAL
MEDIUM DENSITY DISTRICT) TO B-2 (COMMUNITY BUSINESS DISTRICT) ON
0.446 ACRES FOR PROPERTY WHICH IS DESCRIBED AS LOTS 8 & 9, BLOCK 3,
VIOLETT ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION 12,
TOWNSHIP TWO SOUTH (T02S), RANGE FIVE EAST (R5E), PMM, GALLATIN
COUNTY, MONTANA AND PORTIONS OF ADJACENT RIGHT-OF-WAY.
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, Mont. Code Ann.; 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 Resolution
of the Bozeman City Commission as provided for in Section 76-2-307, Mont. Code Ann.; 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 to amend the City of Bozeman Zone
Map to amend the existing zoning of “R-3” (Residential Medium Density District) to “B-2”
(Community Business District) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on February 4,
2014, to receive and review all written and oral testimony on the request for a zone map
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Ordinance No. 1886, Tandem Zone Map Amendment
Page 2 of 5
amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as recommended by the Community
Development Department and provided in the Zoning Commission minutes for application
number Z13294 subject to contingencies: and
WHEREAS, after proper notice, the City Commission held its public hearing on
February 24, 2014, 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 Annotated and implemented in
Section 38.01.040, BMC, and found that the proposed zone map amendment is in compliance
with the criteria; and
WHEREAS, at its meeting held on February 24, 2014, the City Commission found
that the proposed zone map amendment for Lots 8 & 9, Block 3, Violett Addition to the City Of
Bozeman 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
Legislative Findings:
1. The required criteria of Section 76-2-304, MCA and the applicable criteria of Section
38.01.040, BMC for zone map amendments have been met by application number Z13294.
2. That notice was properly given and the public given appropriate opportunity to comment and
to participate in the decision making process.
Section 2
That the zoning district designation of the following-described property is hereby
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Ordinance No. 1886, Tandem Zone Map Amendment
Page 3 of 5
changed from R-3 (Residential Medium Density Residential) and is newly designated as "B-2"
(Community Business District):
A tract of land, said tract being Lots 8 and 9, and a portion of the alley in Block 3
of the Violett Addition to Bozeman Montana, and adjacent portions of West
Villard Street and Sixth Avenue North, as platted in said addition, said tract being
located in the Northeast Quarter of Section 12, Township 2 South, Range 5 East,
Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and
being further described as follows:
Commencing at the northwest corner of said Lot 8; thence North 89°25'00" West,
on the westerly extension of the line between Lots 7 and 8, a distance of 7.00 feet
to the Point of Beginning; thence South 89°25'00" East, on the line between Lots
7 and 8, and the westerly and easterly extensions of said line, a distance of 143.00
feet; thence South 00°02'00" East, on the centerline of Sixth Avenue North, a
distance of 136.00 feet; thence North 89°25'00" West, on the centerline of West
Villard Street, a distance of 143.00 feet; thence North 00°02'00" West, on the
centerline of the alley, a distance of 136.00 feet to the Point of Beginning.
The described tract has an area of 0.446 Acres. The described tract is along with
and subject to any existing easements and is further described on Tandem Zone
Map Amendment Map, Exhibit A to this ordinance.
Section 3
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 4
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
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Ordinance No. 1886, Tandem Zone Map Amendment
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provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
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 6
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 “Zoning Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 1886, Tandem 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 7th of April, 2014.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
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 ___ of
__________________, 2014. The effective date of this ordinance is __________, ___, 2014.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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