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Home My WebLink AboutA7. Final Ord 1943 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: Final adoption of Ordinance 1943, the Midtown Zone Map Amendment to rezone approximately 240 acres from R-3 (Residential Medium Density District), R-4 (Residential High Density District) to R-5 (Residential Mixed-Use High Density District) and B-2 (Community Business District) to B-2M (Community Business District-Mixed), application 15-320. MEETING DATE: April 25, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: The City Commission approves the 2nd reading and final adoption of Ordinance 1943 for a zone map amendment to rezone approximately 240 acres from R-3 (Residential Medium Density District), R-4 (Residential High Density District) to R-5 (Residential Mixed-Use High Density District) and B-2 (Community Business District) to B-2M (Community Business District-Mixed), application 15-320. RECOMMENDED MOTION: “Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1943 given on April 11, 2016; I hereby move to finally adopt Ordinance 1943 for a zone map amendment to rezone approximately 232.6 acres to R-5 (Residential Mixed-Use High Density District), B-2M (Community Business District-Mixed), PLI (Public Lands and Institutions), and B-3 (Central Business District), application 15-320.” BACKGROUND: The City Commission held a public hearing on April 11, 2016 and provisionally adopted Ordinance 1943 as amended. The Commission voted (4:1) to provisionally adopt the amended Midtown zone amendment; Ordinance No. 1943. Ordinance No. 1943 does not include the proposed R-5 areas the Commission voted to remove the zone map amendment. This action is a part of the comprehensive evaluation and update of Chapter 38 of the Unified Development Code (UDC). UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: None identified. Report compiled on: April 15, 2016 Attachments: Ordinance 1943 Midtown ZMA Exhibit 720 Page 1 of 4 ORDINANCE NO. 1943 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 232.6± ACRES GENERALLY LOCATED IN AND AROUND THE MIDTOWN AREA OF THE CITY OF BOZEMAN TO R-5 MIXED-USE HIGH DENSITY RESIDENTIAL DISTRICT, B-2M, COMMUNITY BUSINESS DISTRICT-MIXED, PLI PUBLIC LANDS AND INSTITUTIONS, AND B-3 CENTRAL BUSINESS DISTRICT. 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 change existing zoning classifications of R-3 (Medium Density Residential District, R-4 (High Density Residential District) and B-2 (Community Business District) for approximately 232.6 acres of property to R-5 (Mixed-Use High Density Residential District), B-2M (Community Business District-Mixed), PLI (Public Lands and Institutions), and B-3 (Central Business District) has been properly submitted, reviewed and advertised; and 721 Ordinance No. 1943, Midtown District Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public hearing on April 5, 2016, 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 WHEREAS, after proper notice, the City Commission held its public hearing on April 11, 2016, 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 City of Bozeman zoning district map is amended to designate the property described herein as “R-5” (Mixed-Use High Density Residential District), "B-2M" (Community Business District-Mixed), “PLI” (Public Lands and Institutions) and “B-3” (Central Business District): Multiple tracts within the municipal boundaries of the City of Bozeman as shown on Exhibits A, B, C, and D attached hereto and hereby by this reference made part of Ordinance No. 1943. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted pursuant to Section 38.07.040, BMC. Said area being 232.6 acres more or less, along with and subject to all easements of record or apparent on the ground. 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 722 Ordinance No. 1943, Midtown District Zone Map Amendment Page 3 of 4 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. 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. 723 Ordinance No. 1943, Midtown District Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of April, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ Pearl Michelson Interim 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 25th of April, 2016. The effective date of this ordinance is the 25th of May, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ Pearl Michelsen Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 724 2692 ft1993 ft1223 ft 1162 ft 933 ft1095 ft 1068 ft 1034 ft 828 ft785 ft753 ft696 ft695 ft 692 ft 608 ft 511 ft449 ft376 ft363 ft 358 ft335 ft313 ft 302 ft 296 ft320 ft275 ft 260 ft 231 ft198 ft196 ft 192 ft 182 ft 176 ft 175 ft173 ft170 ft148 ft141 ft133 ft 61 ft 50 ft0°180°90° 91° 270° 271°8°1°179°271°0°90°180°1°90° 270° 90° 91° 270° 270°180°0°90° 90°0°180°270°N 7TH AVE W OAK ST N 5TH AVE W MAIN ST W OLIVE ST W CURTISS ST W BEALL ST N 9TH AVE DURSTON RD W LAMME ST N 3RD AVE N 10TH AVE N 11TH AVE W VILLARD ST W MENDENHALL ST N 15TH AVE N 14TH AVE S 8TH AVE S 9TH AVE S 7TH AVE N 12TH AVE S 11TH AVE S 10TH AVE W PEACH ST N 4TH AVE JUNIPER ST N 8TH AVE W TAMARACK ST W BABCOCK ST S 6TH AVE S 4TH AVE N 6TH AVE W ASPEN ST HEMLOCK ST MATHESON WAY CARSON PL MANZANITA DR CRABAPPLE DR MAE ST S 5TH AVE S 3RD AVE W JUNIPER ST ROY ST ROYAL CT W BABCOCK ST N 11TH AVE N 7TH AVE S 3RD AVE N 8TH AVE N 9TH AVE Legend Midtown Boundary LinesMidtown Zoning TypesB-2MR-5B-3PLI Revised: 4/18/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Proposed Midtown Zoning Districts 0 500 1,000250Feet $ B-2M R-5 B-3 R-5 PLI B-2M 180197 ft 270168 ft 180180270 180270 294 0180Exhibit A 363 ft 182 ft 176 ft141 ft 133 ft 76 ft75 ft231 ft50 ft785 ft25 ft90°1°0°90° 90° 90°90°N 8TH AVE N 11TH AVE Zoning Acres R-5 80.4 B-2M 140.6 B-3 0.9 PLI 10.7 00270270270 96 R-5 0180294 725 2694 ft926 ft 863 ft1993 ft1998 ft703 ft696 ft554 ft511 ft 430 ft 313 ft 192 ft 191 ft 168 ft 685 ft691 ft0°180°91° 90°178°360°270° 96° 87°0°0°91° B-2M R-5 PLI W OAK ST N 7TH AVE W TAMARACK ST N 5TH AVE HEMLOCK ST N 11TH AVE N 8TH AVE N 9TH AVE W BIRCH ST W JUNIPER ST ROYAL CT N 7TH AVE Proposed District Boundaries Midtown North ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 Revised: 3/28/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit B 90 726 923 ft925 ft 753 ft 509 ft1998 ft434 ft 428 ft362 ft280 ft 262 ft 247 ft162 ft691 ft685 ft137 ft 135 ft 130 ft 119 ft 129 ft36 ft247 ft178°272°0°270°208°271°359°89°180°90° 91°0°178°270°359°180°B-2M R-5 PLI N 5TH AVE N 7TH AVE N 4TH AVE W PEACH ST DURSTON RD N 9TH AVE N 6TH AVE N 10TH AVE W SHORT ST W SHORT ST N 7TH AVE Proposed District Boundaries Midtown Central ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 270 Revised: 4/18/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only.225Exhibit C 727 2694 ft926 ft 863 ft1993 ft1998 ft703 ft696 ft554 ft511 ft 430 ft 313 ft 192 ft 191 ft 168 ft 685 ft691 ft0°180°91° 90°178°360°270° 96° 87°0°0°91° B-2M R-5 PLI W OAK ST N 7TH AVE W TAMARACK ST N 5TH AVE HEMLOCK ST N 11TH AVE N 8TH AVE N 9TH AVE W BIRCH ST W JUNIPER ST ROYAL CT N 7TH AVE Proposed District Boundaries Midtown North ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 Revised: 3/28/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit B 90 726 923 ft925 ft 753 ft 509 ft1998 ft434 ft 428 ft362 ft280 ft 262 ft 247 ft162 ft691 ft685 ft137 ft 135 ft 130 ft 119 ft 129 ft36 ft247 ft178°272°0°270°208°271°359°89°180°90° 91°0°178°270°359°180°B-2M R-5 PLI N 5TH AVE N 7TH AVE N 4TH AVE W PEACH ST DURSTON RD N 9TH AVE N 6TH AVE N 10TH AVE W SHORT ST W SHORT ST N 7TH AVE Proposed District Boundaries Midtown Central ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 270 Revised: 4/18/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only.225Exhibit C 727 786 ft828 ft 363 ft 358 ft331 ft296 ft231 ft207 ft199 ft198 ft197 ft 196 ft 192 ft 190 ft 182 ft 176 ft 150 ft141 ft 133 ft 113 ft 76 ft75 ft60 f t923 ft50 ft25 ft60 ft0°8°90°1°270°180°359°360°182°360°270° 270° 90°180°270° 270° 270°180°B-2M R-5 B-3 W BEALL ST W LAMME ST W VILLARD ST N 9TH AVE N 5TH AVE N 7TH AVE N 10TH AVE W MENDENHALL ST N 11TH AVE N 8TH AVE N 8TH AVE N 7TH AVE Midtown Districts Dimensions Southern Zones 270 359270360 360180360345´0 250 500125Feet Legend Midtown Zoning Dimensions Revised: 4/18/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit D 728 786 ft828 ft 363 ft 358 ft331 ft296 ft231 ft207 ft199 ft198 ft197 ft 196 ft 192 ft 190 ft 182 ft 176 ft 150 ft141 ft 133 ft 113 ft 76 ft75 ft60 f t923 ft50 ft25 ft60 ft0°8°90°1°270°180°359°360°182°360°270° 270° 90°180°270° 270° 270°180°B-2M R-5 B-3 W BEALL ST W LAMME ST W VILLARD ST N 9TH AVE N 5TH AVE N 7TH AVE N 10TH AVE W MENDENHALL ST N 11TH AVE N 8TH AVE N 8TH AVE N 7TH AVE Midtown Districts Dimensions Southern Zones 270 359270360 360180360345´0 250 500125Feet Legend Midtown Zoning Dimensions Revised: 4/18/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit D 728