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Home My WebLink AboutFinal Adoption Ordinance 1895, Cannery District Zone Map Amendment _13 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Wendy Thomas, Community Development Director SUBJECT: Approve Final Adoption of Ordinance 1895 approving the Cannery District Zone Map Amendment to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) located generally northwest of the intersection of East Oak Street and North Rouse Avenue, Application Z14072 MEETING DATE: July 28, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the 2nd RECOMENDED MOTION: Should the Commission remove this from the consent agenda we recommend the following motion: “Having reviewed and considered the application materials, public comment, and all of the information presented, and a public hearing and a provisional adoption of Ordinance 1895 having previously been held on July 14, 2014. I hereby approve final adoption of Ordinance 1895 for a zone map amendment to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District), Application Z14072.” reading and final adoption of Ordinance 1895 for a zone map amendment to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) located generally northwest of the intersection of East Oak Street and North Rouse Avenue. BACKGROUND: The property owners and applicants Bozeman Pea Cannery Properties, LLC; Montana Avenue Partners; Green Thumb, LLC; Turczyn Jump, LLC; and The Northside Property Owner’s Association; submitted a zone map amendment that was approved for this property by the Commission on July 14, 2014 and now requires the final adoption of 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 approval on July 14, 2014. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Adopt the ordinance as provided by staff 3. Not adopt the ordinance 226 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 1895 Cannery District ZMA Exhibit Report compiled on: July 16, 2014 227 ORDINANCE NO. 1895 Page 1 of 4 ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF LAND BEING TRACT 3-A OF C.O.S. 2128B, PORTIONS OF BLOCK 2 AND BLOCK 3 OF THE IMES ADDITION TO BOZEMAN THAT IS NORTH OF THE CENTERLINE OF OAK STREET, TRACT B OF THE AMENDED PLAT C-41-E AND TRACT A OF THE AMENDED PLAT C-41-D THAT LIES NORTH OF THE CENTERLINE OF OAK STREET, ALL OF MINOR SUBDIVISION NO’S. 391, 391A AND 391B, AND ADJACENT STREETS AND ALLEYS; LOCATED IN THE SW1/4 OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing 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 June 17, 2014, 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 recommended by the Community Development Department and as provided for in the staff report for approval of 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) with contingencies; and WHEREAS, after proper notice, the City Commission held its public hearing on July 14, 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 thirteen 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 thirteen criteria; and WHEREAS, at its meeting held on July 14, 2014, 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. 228 ORDINANCE NO. 1895 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: That the zoning district designation of the following-described property is hereby designated as "B-2" (Community Business District): Section 1 A tract of land being Tract 3-A of C.O.S. 2128B, portions of Block 2 and Block 3 of the Imes Addition to Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat C-41-E and Tract A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street, all of Minor Subdivision No’s. 391, 391A and 391B, and adjacent streets and alleys; Located in the SW1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more particularly described as follows: Beginning at the intersection of the centerlines of Rouse Avenue and Oak Street, thence along said centerline of Oak Street: • North 89°21’25” West, 250.94 feet; • thence 171.89 feet along a curve to the right with a radius of 301.56 feet, a central angle of 32°39’12”, and a chord that bears North 71°15’50” West, 169.55 feet; • thence North 54°56’14” West, 512.20 feet; • thence 266.34 feet along a curve to the left with a radius of 954.93 feet, a central angle of 15°58’49”, and a chord that bears North 62°55’39” West, 265.48 feet; • thence leaving said centerline, North 02°01’03” East, 23.64 feet to the northwest corner of Tract 3-A of C.O.S. 2128B; • thence South 89°23’28” East, 475.70 feet along said north boundary; • thence South 89°14’47” East, 202.94 feet to the northeast corner of said Tract 3-A; • thence South 89°06’45” East, 354.25 feet to a point on the centerline of Rouse Avenue; • thence along said centerline South 02°12’24” West, 482.56 feet to the point of beginning. Said area being 7.77 acres more or less, along with and subject to all easements of record or apparent on the ground. 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. 229 ORDINANCE NO. 1895 Page 3 of 4 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. 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 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, at a regular session thereof held on the 14th day of July, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk 230 ORDINANCE NO. 1895 Page 4 of 4 FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the ________ day of July, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 231 232