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Home My WebLink AboutFinally Adopt Ordinance 1886, Tandem Zone Map Amendment, Z13294 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Final 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 21, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final approval of 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 adopt Ordinance 1886.” BACKGROUND: The property owner and applicant Tandem Enterprises LLC, with representative Intrisik Architecture, received preliminary approval to rezone 0.446 acres on January 27, 2014. The revised zoning of R-3 (Residential Medium Density District) to B-2 (Community Business District) was approved for this property by the Commission and now requires the implementing ordinance to be approved. 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 Tandem ZMA Exhibit Report compiled on: March 30, 2014 89 Page 1 of 5 ORDINANCE NO. 1886 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 90 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 91 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 92 Ordinance No. 1886, Tandem Zone Map Amendment Page 4 of 5 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. 93 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 21st of April, 2014. The effective date of this ordinance is May 21, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 94 95