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Home My WebLink AboutC7. Ordinance 1938,1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Final Adoption of Ordinance 1938, Bozeman Health Zone Map Amendment, changing 32.047 acres from Business Park to Community Business at 915 Highland Boulevard. Application 15430. MEETING DATE: March 7, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1938 changing the zoning map on 32.047 acres from Business Park to Community Business at 915 Highland Boulevard. BACKGROUND: On December 14, 2015 the City Commission preliminarily approved the Bozeman Health Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. Provisional adoption of Ordinance 1938 occurred on February 22nd. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1938 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 1938 Exhibit Map Report compiled on February 9, 2016 Commission Memorandum 134 Page 1 of 6 ORDINANCE NO. 1938 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 32.047 ACRES FROM BUSINESS PARK DISTRICT TO COMMUNITY BUSINESS DISTRICT AT 915 HIGHLAND BOULEVARD INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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 from Business Park to Community Business approximately 32.047 acres of the property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on November 17, 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; and 135 Ordinance No. 1938, The Bozeman Health Zone Map Amendment Page 2 of 6 WHEREAS, after proper notice, the City Commission held its public hearing on December 14, 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): An area of land described as follows: LEGAL DESCRIPTION A tract of land known as Parcel 2, Certificate Of Survey 2047, less The Knolls at Hillcrest - Plat J-483, being more particularly described as follows; COMMENCING at a point which is the Section Corner common to Sections 7, 8, 17 and 18 T.2S., R.6E., P.M.M.; thence S89°54'03"E along the section line common to said Sections 8 and 17, a distance of 59.56 feet to the POINT OF BEGINNING; thence N02°37'14"E, a distance of 204.10 feet; thence S89°54'03"E, a distance of 1,014.08 feet to a point of curve; thence southeasterly along a curve to the right having a radius of 25.00 feet with a central angle of 92°50'47" an arc length of 40.51 feet; thence S02°56'45"W, a distance of 395.17 feet; thence S08°14'48"W, a distance of 124.45 feet; thence S02°57'01"W, a distance of 34.07 feet to a point of curve; thence southerly along a curve to the right having a radius of 638.50 feet with a central angle of 06°04'55" an arc length of 67.78 feet to the point of a non-tangent curve; from which the radius point bears N53°23'54"W, 25.00 feet; thence westerly along said curve to the right with a central angle of 65°53'56", an arc distance of 28.75 feet; said curve having a chord bearing and distance of S69°33'04"W, 27.19 feet; 136 Ordinance No. 1938, The Bozeman Health Zone Map Amendment Page 3 of 6 thence N77°29'58"W, a distance of 5.00 feet; thence S12°27'26"W, a distance of 48.00 feet; thence S77°18'12"E, a distance of 17.06 feet to a point of curve; thence southeasterly along a curve to the right having a radius of 25.00 feet with a central angle of 26°57'53" an arc length of 11.77 feet to the point of a non-tangent curve; from which the radius point bears N75°04'41"W, 638.50 feet; thence southwesterly along said curve to the right with a central angle of 41°01'39", an arc distance of 457.21 feet; said curve having a chord bearing and distance of S35°26'09"W, 447.50 feet; thence S55°56'59"W, a distance of 13.21 feet to the point of a non-tangent curve; from which the radius point bears N05°33'27"W, 25.00 feet; thence northwesterly along said curve to the right with a central angle of 61°30'26", an arc distance of 26.84 feet; said curve having a chord bearing and distance of N64°48'14"W, 25.57 feet; thence N34°12'17"W, a distance of 5.00 feet; thence S55°56'59"W, a distance of 48.00 feet; thence S34°03'01"E, a distance of 17.00 feet to a point of curve; thence southerly along a curve to the right having a radius of 25.00 feet with a central angle of 23°30'29" an arc length of 10.26 feet; thence S55°56'59"W, a distance of 24.01 feet; thence S34°50'29"W, a distance of 31.82 feet; thence S55°56'50"W, a distance of 572.23 feet to the point of a non-tangent curve; from which the radius point bears S34°13'02"E, 625.76 feet; thence southwesterly along said curve to the left with a central angle of 17°39'15", an arc distance of 192.81 feet; said curve having a chord bearing and distance of S46°57'21"W, 192.05 feet; thence S42°02'29"W, a distance of 85.16 feet to the point of a non-tangent curve; from which the radius point bears S59°31'59"E, 637.26 feet; thence southwesterly along said curve to the left with a central angle of 15°46'32", an arc distance of 175.46 feet; said curve having a chord bearing and distance of S22°34'46"W, 174.91 feet; to the point of a non-tangent curve; from which the radius point bears N43°02'08"W, 25.50 feet; thence southwesterly along said curve to the right with a central angle of 04°52'19", an arc distance of 2.17 feet; said curve having a chord bearing and distance of S49°24'02"W, 2.17 feet; thence N78°25'43"W, a distance of 100.91 feet; thence N00°02'28"E, a distance of 86.20 feet to the point of a non-tangent curve; from which the radius point bears S89°56'06"E, 1,439.24 feet; thence northerly along said curve to the right with a central angle of 10°34'33", an arc distance of 265.66 feet; said curve having a chord bearing and distance of N05°21'10"E, 265.28 feet; thence N10°37'14"E, a distance of 862.00 feet to the point of a non-tangent curve; from which the radius point bears N79°18'47"W, 1,661.96 feet; thence northerly along said curve to the left with a central angle of 10°33'05", an arc distance of 306.06 feet; said curve having a chord 137 Ordinance No. 1938, The Bozeman Health Zone Map Amendment Page 4 of 6 bearing and distance of N05°24'41"E, 305.63 feet; thence N00°08'32"W, a distance of 110.07 feet to the POINT OF BEGINNING. Said described tract containing a gross area of 1,395,965 square feet or 32.047 acres, more or less. 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 decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 138 Ordinance No. 1938, The Bozeman Health Zone Map Amendment Page 5 of 6 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 22nd day of February 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 139 Ordinance No. 1938, The Bozeman Health Zone Map Amendment Page 6 of 6 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 7th day of March 2016. The effective date of this ordinance is April 7, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 140 141