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HomeMy WebLinkAboutC7. Prov Ordinance 1921 Murdochs 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 1921, zoning 3.889 acres located at 2507 and 2511 N. 7th Avenue in conjunction with the Murdoch’s Annexation. Application No. 15240. MEETING DATE: September 28, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopts Ordinance 1921 establishing an initial B-2 zoning on the 3.889 acres known as the Murdoch’s Annexation. BACKGROUND: Preliminary approval was granted to zone the property B-2 in conjunction with annexation of the subject property on July 20, 2015. The annexation agreement and accompanying required documents have now been signed and returned to the City for processing. Applicable actions have also been taken to address the terms of annexation. The City Commission must now adopt the zoning ordinance simultaneously with signature of the annexation agreement. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approve the resolution and annexation agreement 2. Deny the resolution and annexation agreement FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to City sewer and water services and service by the public services (police, fire, streets, etc.) of the City. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal services. Attachments: Ordinance 1921 Zoning Map Report compiled on: September 28, 2015 89 Page 1 of 4 ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 3.889 ACRES TO B-2 (COMMUNITY BUSINESS DISTRICT) LOCATED AT 2507 AND 2511 NORTH SEVENTH 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 establish an initial zoning classification of B-2 (Community Business) on 3.889 acres, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2015, to receive and review all written and oral testimony on the request for a zone map amendment; and 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 90 Ordinance No. 1921, The Murdochs Zone Map Amendment Page 2 of 4 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): Four (4) tracts of land located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Tracts 5, 6, 9 and 10, Gordon Mandeville State School Section Subdivision. Said tracts containing in area 3.889 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. 91 Ordinance No. 1921, The Murdochs Zone Map Amendment Page 3 of 4 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.” 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________day of ___________ 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: 92 Ordinance No. 1921, The Murdochs Zone Map Amendment Page 4 of 4 ____________________________________ 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 __________ day of ______ 2015. The effective date of this ordinance is _________, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 93 94