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Home My WebLink AboutC6. Final Ord 1919 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager SUBJECT: Final Adoption of Ordinance 1919 approving the Cannery District Phase 1, 3 and 4 Zone Map Amendment to zone approximately 8.99-acres B-2 (Community Business District) generally located northwest of the intersection of East Oak Street and North Rouse Avenue, Application 15268 MEETING DATE: August 3, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the 2nd reading and final adoption of Ordinance 1919 approving the Cannery District Phase 1, 3 and 4 Zone Map Amendment to zone approximately 8.99-acres B-2 (Community Business District). 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 1919 having previously been held on July 20, 2015. I hereby approve final adoption of Ordinance 1919 for a zone map amendment to zone approximately 8.99-acres B-2 (Community Business District), Application 15268.” BACKGROUND: The property owners and applicants Cannery District Partners, LLC submitted a zone map amendment that was approved for this property by the Commission on July 20, 2015 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 20, 2015. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Adopt the ordinance as provided by staff 3. Not adopt the ordinance 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 1919 Cannery District Phases 1, 3 and 4 ZMA Exhibit Report compiled on: July 27, 2015 106 Page 1 of 5 ORDINANCE NO. 1919 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 8.99 ACRES B-2, COMMUNITY BUSINESS DISTRICT LOCATED GENERALLY NORTHWEST OF THE INTERSECTION OF EAST OAK STREET AND NORTH ROUSE AVENUE, EXCEPTING ALREADY ANNEXED AND ZONED PROPERTIES. 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 establish an initial zoning classification of B-2 (Community Business District) for approximately 8.99 acres of property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and 107 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 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 July 20, 2015, 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 being Tracts 1, 2, and 3 of COS 2877 and a portion of the west half of the adjacent Rouse Avenue, located in the North West One Quarter of Section 6, Township 2 South, Range 6 East, Principle Meridian Montana, Gallatin County, Montana being more particularly described as follows: Beginning at the Center 1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, which is located upon the centerline of Rouse Avenue; · thence North 89°09'51” West, 30.00 feet to the South East ROW corner of Tract 3 of COS 2877. · thence North 89°09'51” West, 526.74 feet along the south line of Tract 3 of COS 2877 to a point. · thence North 89°23'28” West, 475.70 feet along the south lines of Tracts 1, 2 and 3 of COS 2877 to a point. · thence 73.81 feet along a curve to the left and along said Tract 1 of COS 2877 with a radius of 994.93 feet, a central angle of 4°15'02”, and a chord that bears North 70°35'51” West, 73.79 feet to a point South West corner of Tract 1 of COS 2877. · thence North 00°20'44” West, 546.64 feet to the intersection of the northwest corner of Tract 1 of C.O.S. 2877 and the South ROW of Interstate 90. · thence 252.04 feet along a curve to the right and along said ROW and the North line of Tracts 1 and 2 of COS 2877 with a radius of 22795.00 feet, a central angle of 00°38'01”, and a chord that bears South 69°05'44” East, 252.04 feet to a point. 108 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment Page 3 of 5 · thence South 68°45'43” East, 787.16 feet along said north boundary line of Tracts 2 and 3 of COS 2877 and said ROW to a point. · thence South 36°18'53” East, 182.87 feet to a point that is the intersection of the corner of Tract 3 of COS 2877 and the ROW of Rouse Avenue. · thence South 87°57'42” East, 30.00 feet to a point on the centerline of Rouse Avenue; · thence along said centerline South 02°02'18” West, 61.50 feet to the point of beginning. Said area being 8.99 acres more or less, along with and subject to all easements of record or apparent on the ground. Said tracts containing an area of 8.99 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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 109 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment Page 4 of 5 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 adoption and upon annexation of any tract into the City. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 20th day of July, 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 110 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment Page 5 of 5 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 3rd of August, 2015. The effective date of this ordinance is September, 3, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 111 112