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Home My WebLink About6. C5 ORD 1903 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 1903 to amend the zoning map to change from B-1 Neighborhood Business District to RO Residential Office District on .89 acres including adjacent public right of way. Legally described as a portion of Lot 1, Minor Subdivision 340. Address is 86 S. Cottonwood Road. Application Z14192. MEETING DATE: January 26, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1903. MOTION: I hereby grant final adoption to Ordinance 1903 to amend the zoning map to change from B-1 Neighborhood Business District to RO Residential Office District on .89 acres. BACKGROUND: This application was initially approved by the City Commission on November 10, 2014. The City Commission approval of the application 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 of Ordinance 1903 occurred on January 5, 2015. 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 1903 Ordinance exhibit map Report compiled on: December 22, 2014 50 Page 1 of 5 ORDINANCE NO. 1903 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 RESIDENTIAL OFFICE DISTRICT ON .89 ACRES AT 86 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 “B-1” (Neighborhood Business Park District) to “RO” (Residential Office District) on .89 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 21, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and 51 Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment Page 2 of 5 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 November 10, 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; and WHEREAS, a new metes and bounds description of the areas to be zoned as B-1 and RO to reflect the change in the zoning boundary between the two zoning districts has been provided. 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 “B1 (Neighborhood Business District): That part of Lot 1, Minor Subdivision #340, and adjacent portions of West Babcock Street and Cottonwood Road, located in the Southeast Quarter of Section 10, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows: Beginning at the northeast corner of Lot 1, Minor Subdivision #340; thence southerly 180º22'55", assumed azimuth from north, 298.13 feet along the east line of said Lot 1; thence westerly 270 º22'55" azimuth, 333.92 feet to the centerline of Cottonwood Road; thence northerly 000 º22'04" azimuth, 341.68 feet along the centerline of Cottonwood Road; thence easterly 090 º08'01" azimuth, 334.00 feet along the centerline of West Babcock Street to the northerly extension of the east line of said Lot 1; thence southerly 180 º22'55" azimuth, 45.00 feet along said extension to the Point of Beginning. Area = 114,349 square feet, 2.6251 acres or 10,623.4 square meters. 52 Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment Page 3 of 5 Section 2 That the zoning district designation of the following-described property is hereby designated as “RO” (Residential Office District): DESCRIPTION OF RO ZONING: That part of Lot 1, Minor Subdivision #340, and adjacent portions of Cottonwood Road, located in the Southeast Quarter of Section 10, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows: Beginning at the southeast corner of Lot 1, Minor Subdivision #340; thence westerly 270º14'57", assumed azimuth from north, 333.84 feet along the south line of said Lot and its westerly extension to the centerline of Cottonwood Road; thence northerly 000 º22'04" azimuth, 316.70 feet along the centerline of Cottonwood Road; thence easterly 090 º22'55"azimuth, 333.92 feet to the east line of said Lot 1; thence southerly 180 º22'55" azimuth, 315.93 feet along the east line of said Lot 1 to the point of beginning. Area = 105,610 square feet, 2.4245 acres or 9,811.6 square meters. 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. 53 Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment Page 4 of 5 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 “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 5th day of January 2015. ____________________________________ 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 __________, __, 2015. 54 Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment Page 5 of 5 _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 55 56