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Home My WebLink AboutA4. Final Ord 1946 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 1946, a text amendment of the Bozeman Municipal Code to revise the Entryway Corridor. Application 15-320. MEETING DATE: April 25, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Final adoption of Ordinance No. 1946. 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 1946 given on April 11, 2016; I hereby finally adopt Ordinance 1946 modifying the Entryway Corridor text amendment. Application 15-320.” BACKGROUND: The City Commission held a public hearing on April 11, 2016 and provisionally adopted Ordinance 1946. The Commission voted (4:1) to provisionally adopt Ordinance No. 1946 modifying the Entryway Corridor. 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 1946 746 Page 1 of 5 ORDINANCE NO. 1946 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTIONS 38.17.030 TO REVISE APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA ; and WHEREAS, The application of entryway corridor provisions is a matter of substantial public concern and is essential for and functional operation of a city; and WHEREAS, The City of Bozeman is constantly evolving and changing and periodic evaluation of development guidelines are necessary to insure the safe, harmonious development and to meet the needs of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, enables 747 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 2 of 5 public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 2. The City must implement adopted growth policies and plans. 3. The classification of entryway corridors must be evaluated and refined with the growing community. 4. The modified entryway corridor will allow the City to further the goals and objectives of the Community Plan. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.17.030 Application of entryway corridor provisions to read as follows with all other portions of the section remaining unchanged: Sec. 38.17.030. - Application of entryway corridor provisions. A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: 748 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 3 of 5 a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries Seventh Avenue, south from the Interstate 90 interchange to Main Street; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from a point 115 feet east of N. 15th Avenue Seventh Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. 3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor shall govern. 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. Section 5 749 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 4 of 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 be codified as indicated in Sections 2. 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 11th day of April, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ 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. 750 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 5 of 5 _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 751