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Home My WebLink About8. Ordinance No. 1896 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Final adoption of Ordinance 1896 amending the City of Bozeman Zoning Map from R-O and R-4 districts to B-2 and R-O districts on 42.5 acres located south of Valley Center Road and west of North 27th Avenue. Cattail North Zone Map Amendment Application Z14053. MEETING DATE: October 13, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approval MOTION: I approval final adoption of Ordinance 1896 amending the City of Bozeman Zoning Map from R-O and R-4 districts to B-2 and R-O districts on 42.5 acres located south of Valley Center Road and west of North 27th Avenue. BACKGROUND: The City Commission conducted a public hearing on July 21, 2014 for application Z14053. The applicant sought to change zoning on approximately 4 acres from Residential High Density to Residential Office and on approximately 32 acres from Residential Office to Community Business. The Commission approved the application subject to contingencies necessary to complete the ordinance adoption process. The necessary mapping and boundary descriptions have been provided. Per the City’s ordinance the boundary of the rezoned areas have been extended to the middle of the adjacent streets. This has increased the total area subject to the ordinance but does not affect the amount of developable land which has been rezoned. UNRESOLVED ISSUES: None. ALTERNATIVES: Approval or denial based upon Commission determination of compliance with the original contingencies of approval. FISCAL EFFECTS: No budget items will be affected by this ordinance. Attachments: Ordinance 1896 and accompanying map Report compiled on: September 30, 2014 134 ORDINANCE NO. 1896 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM THE RESIDENTIAL OFFICE DISTRICT AND RESIDENTIAL HIGH DENSITY DISTRICT TO THE COMMUNITY BUSINESS DISTRICT AND RESIDENTIAL OFFICE DISTRICT ON 42.5 ACRES LOCATED SOUTH OF VALLEY CENTER ROAD AND WEST 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 “R-O” (Residential Office District) and “R-4” (Residential High Density District) to “B-2” (Community Business District) and “R-O” (Residential Office District) on 42.5 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 1, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and Page 1 of 5 135 Ordinance No. 1896, Cattail North 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 July 21, 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 "R-O" (Residential Office District): A portion of Lot 2A of the Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, situated in Section 26, T1S, R5E, P.M., Gallatin County, Montana, and being further described as follows: Beginning at an angle point which bears S89°53'22"W, 91.59 feet from the northeast corner of Lot 3 of Minor Subdivision 221; thence along the north line of said lot N58°20'10"W a distance of 596.99 feet; thence N00°00'00"E a distance of 88.10 feet; thence N89°47'39"E a distance of 690.40 feet; thence S01°01'21"W a distance of 403.23 feet to the north line of said Lot 3; thence along said line S89°44'31"W a distance of 83.49 feet to the Point of Beginning. Said area contains 4.52 acres, more or less and as described on the Cattail North Zone Map Amendment Map, Exhibit A to this ordinance. Section 2 That the zoning district designation of the following-described property is hereby designated as "B-2" (Community Business District): A portion of Lot 2A of the Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, in addition to Montana Department of Transportation right-of-way, Gallatin County right-of-way, & City of Bozeman right-of-way located in the SW1/4 Section 26, T1S, R5E, P.M., Gallatin County, Montana, and being further described as follows: Page 2 of 5 136 Ordinance No. 1896, Cattail North Zone Map Amendment Beginning at an intersection point of the north right-of-way line of Westlake Road and the centerline of East Valley Center Road; thence along said centerline S53°32'34"E a distance of 1247.08 feet to an intersection point with the centerline of an existing 60' public access & utility easement; thence along said centerline S36°27'38"W a distance of 200.33 feet; thence along an arc to the left a distance of 248.89 feet, said arc having a radius of 400.00 feet and a central angle of 35°39'04"; thence S00°48'34"W a distance of 485.87 feet to an intersection point with the south line of Lot 2A; thence S89°44'31"W a distance of 714.97 feet; thence N01°01'21"E, 403.23 feet; thence S89°47'41"W a distance of 565.15 feet; thence N00°16'15"W, a distance of 1219.98 feet; thence N89°44'38"E, a distance of 479.83 feet to the Point of Beginning. Said area contains 37.98 acres, more or less and as described on the Cattail North 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 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 Page 3 of 5 137 Ordinance No. 1896, Cattail North Zone Map Amendment 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 “Zone Map Amendments.” 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 15th day of September, 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: Page 4 of 5 138 Ordinance No. 1896, Cattail North Zone Map Amendment _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Page 5 of 5 139 P.O.B. ZONE R-4 AS AS R-O R-4 M-2 B-2 PLI B-2 B-2 AMENDED B-2 37.98 AC. AMENDED R-O 4.52 AC. P.O.B. ZONE R-O ZONE MAP AMENDMENT CATTAIL NORTH FIGURE NUMBER PROJECT NO.DRAWN BY: CHK'D. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE, INC.,2014 901 Technology Blvd. Bozeman MT 59718 Phone: (406) 587-0721 Fax: (406) 587-1176 N:\5309\001\ACAD\Survey\PreApp\Zone Map Amendment.dwg Plotted by dean squires on Aug/21/2014 08/2014 TWM DS BOZEMAN FIG. 1 MONTANA 5309.001 CATTAIL NORTH A TRACT OF LAND BEING LOT 2A OF THE CORRECTED AMENDED PLAT of LOTS 1 & 2 OF MINOR SUBDIVISION No. 221E LOCATED IN THE SW1/4 SECTION 26, T1S, R5E, P.M., GALLATIN COUNTY, MONTANA ZONE MAP AMENDMENT NOTE DIMENSIONS ARE BASED ON THE PLAT OF MINOR SUBDIVISION 221E. NO FIELD SURVEY WAS CONDUCTED FOR THE PREPARATION OF THIS EXHIBIT. ZONE B-2 A portion of Lot 2A of the Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, in addition to Montana Department of Transportation right-of-way, Gallatin County right-of-way, & City of Bozeman right-of-way located in the SW14 Section 26, T1S, R5E, P.M., Gallatin County, Montana, and being further described as follows: Beginning at an intersection point of the north right-of-way line of Westlake Road and the FHQWHUOLQHRI(DVW9DOOH\&HQWHU5RDGWKHQFHDORQJVDLGFHQWHUOLQH6 (DGLVWDQFH of 1247.08 feet to an intersection point with the centerline of an existing 60' public access & XWLOLW\HDVHPHQWWKHQFHDORQJVDLGFHQWHUOLQH6 :DGLVWDQFHRIIHHW thence along an arc to the left a distance of 248.89 feet, said arc having a radius of 400.00 IHHWDQGDFHQWUDODQJOHRI WKHQFH6 :DGLVWDQFHRIIHHWWRDQ LQWHUVHFWLRQSRLQWZLWKWKHVRXWKOLQHRI/RW$WKHQFH6 :DGLVWDQFHRI feet; WKHQFH1 (IHHW WKHQFH6 :DGLVWDQFHRIIHHW WKHQFH1 :DGLVWDQFHRIIHHW WKHQFH1 (DGLVWDQFHRIIHHWWRWKH3RLQWRI%HJLQQLQJ Said area contains 37.98 acres, more or less. ZONE R-O A portion of Lot 2A fo the Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, situated in Section 26, T1S, R5E, P.M., Gallatin County, Montana, and being further described as follows: %HJLQQLQJDWDQDQJOHSRLQWZKLFKEHDUV6 :IHHWIURPWKHQRUWKHDVWFRUQHU RI/RWRI0LQRU6XEGLYLVLRQWKHQFHDORQJWKHQRUWKOLQHRIVDLGORW1 :D GLVWDQFHRIIHHWWKHQFH1 (DGLVWDQFHRIIHHWWKHQFH1 (D GLVWDQFHRIIHHWWKHQFH6 :DGLVWDQFHRIIHHWWRWKHQRUWKOLQHRI VDLG/RWWKHQFHDORQJVDLGOLQH6 :DGLVWDQFHRIIHHWWRWKH3RLQWRI Beginning. Said area contains 4.52 acres, more or less. 140