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Home My WebLink About7. Ordinance No. 1899 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional adoption of Ordinance 1899 to amend the zoning map to change the zoning on 5.902 acres from B-1 Neighborhood Business District to B-2 Community Business District. Located at 2632 Catron Street and 3070 N. 27th Avenue. Application Z14188. MEETING DATE: October 13, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisionally adopt Ordinance 1899. SUGGESTED MOTION: I hereby provisionally adopt Ordinance 1899 to amend the zoning map to change the zoning on 5.902 acres from B-1 Neighborhood Business District to B-2 Community Business District. BACKGROUND: This application was initially received on June 25, 2014. The Zoning Commission conducted their public hearing on August 5, 2014 and found that the application complied with all required criteria. Therefore, they recommended approval of the application to the City Commission. The City Commission conducted their public hearing and granted approval of the application on August 25, 2014 contingent on the applicant providing the necessary information to complete the amendment process. The required information has been provided and the necessary ordinance drafted to complete the amendment process. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Approve the ordinance as drafted. 2) Disapprove the ordinance. 3) As determined by the Commission. FISCAL EFFECTS: This action will not affect any budgeted expenditures. Attachments: Ordinance 1899 Ordinance exhibit map Report compiled on: September 30, 2014 128 ORDINANCE NO. 1889 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM THE NEIGHBORHOOD BUSINESS DISTRICT TO THE COMMUNITY BUSINESS DISTRICT ON 5.902 ACRES LOCATED SOUTH OF CATRON STREET AND EAST OF NORTH 27TH AVENUE. 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 Section 2.05.2700, BMC 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 zoning of “B-1” (Neighborhood Business District) to “B-2” (Community Business District) 5.902 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 5, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and Page 1 of 4 129 Ordinance No. 1899, The Springs Living Zone Map Amendment WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant subject to contingencies necessary to complete adoption by ordinance; and WHEREAS, after proper notice, the City Commission held its public hearing on August 25, 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 Ann., and found that the proposed zone map amendment would be in compliance with the criteria. 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): A tract of land, said tract being Lots 1 and 2 in Block 4 of the Plat of Cattail Creek Subdivision, Phase 1, and adjacent portions of Catron Street and North 27th Avenue as platted in said subdivision, said tract being located in the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Commencing at the northeast corner of said Lot 1; thence North 00°13'52" East, on the east line of said subdivision, a distance of 30.00 feet to the Point of Beginning; thence South 00°13'52" West, on the east line of said subdivision, a distance of 650.02 feet; thence North 89°46'08" West, on the line between Lots 2 and 3 in said Block 4, and the westerly extension of said line, a distance of 432.50 feet; thence North 00°13'52" East, on the centerline of North 27th Avenue, a distance of 547.94 feet; thence through the next 5 courses on the centerline of Catron Street: South 89°46'08" East, a distance of 97.15 feet; thence on a curve to the left with a radius of 150.00 feet, a central angle of 26°14'00", and an arc length of 68.68 feet; thence North 63°59'52" East, a distance of 160.98 feet; thence on a curve to the right with a radius of 150.00 feet, a central angle of 26°12'45", and an arc length of 68.62 feet; thence South 89°47'23" East, a distance of 58.39 feet to the Point of Beginning. Page 2 of 4 130 Ordinance No. 1899, The Springs Living Zone Map Amendment The described tract has an area of 5.902 Acres. 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 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 “Zone Map Amendments.” Page 3 of 4 131 Ordinance No. 1899, The Springs Living Zone Map Amendment 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, on first reading at a regular session held on the 13th day of October 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 ____________________, 201_. The effective date of this ordinance is __________, __, 201_. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Page 4 of 4 132 133