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HomeMy WebLinkAbout18. C16 Fin Ord 1901 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 1901 to amend the zoning map to change from BP Business Park District to B-2 Community Business District on 6.59 acres plus adjacent public right of way. Legally described as Lot 5A, Minor Subdivision 340A and Lot 4 Minor subdivision 340. Located at 536 and 642 Cottonwood Road. Application Z14195. MEETING DATE: December 15, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1901. MOTION: I hereby approve final adoption of Ordinance 1901 to amend the zoning map to change from BP Business Park to B-2 Community Business District on 6.59 acres plus adjacent public right of way. BACKGROUND: This application was initially approved by the City Commission on October 20, 2014. The Zoning Commission conducted their public hearing on October 7, 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 approval of the application on October 20, 2014 was 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. Provisional adoption occurred on December 1, 2014. 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 1901 Ordinance exhibit map Report compiled on: November 13, 2014 163 Page 1 of 4 ORDINANCE NO. 1901 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM THE BUSINESS PARK DISTRICT TO THE COMMUNITY BUSINESS DISTRICT ON 6.59 ACRES AND ADJACENT PUBLIC RIGHT OF WAY AT 536 AND 642 S COTTONWOOD ROAD. 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 existing designation of “BP” (Business Park District) “B-2” (Community Business District) on 6.59 acres plus adjacent public right of way has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 7, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and 164 Ordinance No. 1901, The Alexander Annexation Zone Map Amendment Page 2 of 4 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 October 20, 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 changed from “BP (Business Park District) to "B-2" (Community Business District): An area of land being Lot 5A, Minor Subdivision 340A and Lot 4 Minor subdivision 340 with adjacent public right of way to the centerline of Cottonwood Road and to the southern edge of the right of way for Huffine Lane. 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 165 Ordinance No. 1901, The Alexander Annexation Zone Map Amendment Page 3 of 4 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.” 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 1st day of December 2014. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 166 Ordinance No. 1901, The Alexander Annexation Zone Map Amendment Page 4 of 4 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 15th of December, 2014. The effective date of this ordinance is January, 15th , 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 167 168