HomeMy WebLinkAbout16- Ordinance 1955 Downtown East Main Zone Map Amendment z.
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ORDINANCE NO. 1955
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP FOR TRACTS OF LAND ENCOMPASSING 24.45 ACRES LOCATED
AT 608-777 EAST MAIN STREET, 24 NORTH WALLACE AVENUE, AND
710-714 EAST MENDENHALL STREET.
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, Mont. Code Ann. 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 the zoning from R-4 (Residential High Density District) and B-2 (Community Business
District) to B-3 (Central Business District) and PLI (Public Lands and Institutions) has been
properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held public hearings on March 1, 2016
and March 22,2016 ,to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, on March 22, 2016 the Bozeman Zoning Commission voted 4:0 to
recommended that the zone map amendment be approved as recommended by the Community
Development Department as provided for in the staff report; and
Page 1 of 5
Ordinance No. 1955,Downtown East Allain Zone Map Amendment
WHEREAS, after proper notice, the City Commission held its public hearing on April 4,
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 eleven zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the eleven criteria; and
WHEREAS, at its public hearing held on April 4, 2016, the City Commission found that
the proposed zone map amendment would be in compliance with Bozeman's adopted growth
policy and would be in the public interest.
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-3" (Central Business District) and"PLI" (Public Lands and Institutions)with all
publicly owned lands designated as PLI and all privately owned lands designated as B-3 and all
boundaries between districts being draw as directed in Section 38.07.040, BMC:
A tract of land situated in the NEIA and the SE1/4 of Section 7, Township 2 South, Range 6
East,P.M.M., Gallatin County,Montana; more particularly described as follows:
Beginning at the intersection of the centerline of the East Mendenhall Street right of way and the
centerline of the North Wallace Street right of way;thence easterly along the centerline of the
East Mendenhall Street right of way to the intersection of the centerline of the North Broadway
Street right of way;thence southwesterly along the centerline of the North Broadway Street right
of way to the centerline of the East Main Street right of way;thence easterly along the centerline
of the East Main Street right of way to the intersection of the prolongation of east line of the
Parcel described in document 136-345;thence southerly along said prolongation of the east
boundary line of Parcel 136-345 to the northeast corner of Parcel 136-345;thence southerly
along the east boundary line of Parcel 136-345 to the southeast corner of Parcel 136-345;thence
westerly along the south boundary line of Parcel 136-345 and the south boundary line of Parcel
21-598 to the southwest corner of Parcel 21-598; thence southerly along the east boundary line
of Parcel 42-517 to the southeast corner of Parcel 42-517,thence westerly along the south
boundary line of Parcel 42-517 to the southwest corner of Parcel 42-517,thence southerly to the
southeast corner of Block C,Rouse Second Addition to Bozeman;thence westerly along the
south boundary line of Block C to the northeast corner of Parcel 42-339;thence southwesterly
along the southeast boundary line of Parcel 42-339 to the southwest corner of Parcel 42-339;
Page 2 of 5
Ordinance No. 1955,Downtown East Main Zone Map Amendment
thence southerly along the west boundary line of Parcel 25-260 to the southwest corner of Parcel
25-260; thence westerly to the southeast corner of Lot 20, Block 5, Rouse Second Addition to
Bozeman; thence westerly along the south boundary line of said Lot 20 to the southwest corner
of said Lot 20; thence southerly along the east boundary line of Parcel 42-511 to the southeast
corner of Parcel 42-511; thence westerly along the south boundary line of Parcel 42-511 to the
southwest coiner of Parcel 42-511; thence westerly to the centerline of the South Church Avenue
right of way; thence northerly along the centerline of South Church Avenue to a point which is
the intersection of the South Church Avenue right of way and the prolongation of the north
boundary line of Parcel 42-511; thence easterly to the northwest corner of Parcel 42-511; thence
easterly along the north boundary line of Parcel 42-511 to the southwest corner of Parcel 115 FM
2451; thence northeasterly along the northwest boundary line of Parcel 115 FM 2451 to the
northeast corner of Parcel 115 FM 2451; thence southerly along the east boundary line of Parcel
115 FM 2451 to the southeast coiner of Parcel 115 FM 2451; thence easterly to the southwest
corner of Block E, Rouse Second Addition to Bozeman; thence northerly along the west
boundary line of Block E to the northwest coiner of Lot 30, Block E, Rouse Second Addition to
Bozeman; thence easterly along the north boundary line of Lot 30 to the northeast corner of Lot
30; thence easterly along the prolongation of the north line of said Lot 30 to the centerline of the
South Wallace Avenue right of way; thence northerly along the centerline of the South Wallace
Avenue right of way to a point which is the intersection of the South Wallace Avenue right of
way and the prolongation of the south boundary line of Lot A of Plat C-6-B, Amended
Subdivision Plat of a portion of Block C and F of Rouse Second Addition; thence easterly along
the south boundary line of said Lot A to the southeast corner of Lot A; thence northerly along the
east boundary line of said Lot A to the northwest corner of Lot 1, Block F, Rouse Second
Addition to Bozeman,thence easterly along the north boundary line of said Lot 1 to the
southwest corner of Lot 23, Block C, Rouse Second Addition to Bozeman; thence along the west
boundary line of said Lot 23 to the southwest corner of Lot 4, Block C of Rouse's 2nd Addition
to Bozeman; thence northerly along the west line of said Lot 4 to the northeast corner of Parcel A
of Plat C-6-F,Amended Plat of Rouse's Second Addition to Bozeman; thence westerly along the
north boundary line of said Parcel A to the northwest corner of Parcel A; thence westerly along
the prolongation of the north line of said Parcel A to the centerline of the South Wallace Avenue
right of way; thence northerly along the centerline of the South Wallace Avenue right of way to
the Point of Beginning; parcels containing 24.45 acres, more or less.
See Exhibit A for a graphical depiction of the boundary.
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.
Page 3 of 5
Ordinance No. 1955,Downtown East Main Zone Map Amendment
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"Zoning Map Amendments."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Page 4 of 5
Ordinance No. 1955, Downtown East Alain Zone Map Amendment
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 1 lth day of July, 2016.
CARSON TAYLOR
Mayor
ATTEST: '1;
ti,r _ t"_l\ "� ■
■ c
ROB CROJI _' -T-
City Clerk , •�C• , . �, .
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 25th day of July,2016. The effective date
of this ordinance is the 24th day of August,2016.
CARSON TAYLOR
Mayor
ATTEST: ,
`p ■B02 >
ROBIN CAOUG
City Clerk.
APPROVED AS TO FORM:
G SULLIVAN
City Attorney
Page 5 of 5
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DOWNTOWN EAST MAIN ZONE MAP AMENDMENT
SITUATED IN THE W1/2 OF SECTION 7, T. 2 S., R. 6 E., P.M.M.
PREPARED FOR CITY OF BOZEMAN WITHIN MAY, 2016
PREPARED BY BOZEMAN, MONTANA BOZEMAN, MONTANA
SANDERSONSTEWARTM POINT OF ——————————— _
—
LEGAL BEscwPT BEGINNINGaN: _
r'1'—f 1��IENDENHALL ST
'�T T—IZ T T—I T
1 i
A tract of land situated in the and the SE7/4 of Section I I I I I I I I I I I I I I
7,Township 2 South, Range 6 East,ast, P.M.M., Gallatin County, 1
Montana; more particularly described as follows: I I p51 I I I-BLOCK o-I I I k� I
Beginning at the intersection of the centerline of the East Mendenhall Street right of way and the centerine of the North
Wallace Street right of way, thence easterly along the centerline Y O tUJ �I_'.L LI—t
of the East Mendenhall Street right of way to the intersection
of the centerline of the North Broadway Street right of way, m,J W rlT T
thence southwesterly along the centerline of the North m by I I I I ROUSE ADDITION 2 /Q
Broadway Street right of way to the centerline of the East Main I TO BOZEMAN I I I —BLOCK 31- /Q /
Street right of way, thence easterly along the centerline of the I II'� I I I I I I I I I I I CO)East Main Street right of way to the Intersection of the 3 NORTHERN PACIFIC/rr /
prolongation of east line of the Parcel described in document I I I I I I I I I I I I I I ADDITION m
136-345; thence southerly along said prolongation of the east _J �,L L-1-1-L L-1—L 1 LL_ TO BOZEMAN
boundary line of Parcel 136-345 to the northeast comer of Z
Parcel 136-345; thence southerly along the east boundary line
of Parcel 136-345 to the southeast corner of Parcel 136-345;
thence westerly along the south boundary line of Parcel E MAIN ST
136-345 and the south boundary line of Parcel 21-598 to the
southwest comer of Parcel 21-598; thence southerly along the r —F——n—T T—n—T T1
east boundary line of Parcel 42-517 to the southeast corner of ZO I I I2A-1'B I I I I I I I I II
Parcel 42-517, thence westerly along the south boundary line
of Parcel 42-517 to the southwest corner of Parcel 42-517, i i
thence souther) to the southeast comer of Block C, Rouse 0] Q 1 A-1
Second Addition to Bozeman; thence westerly along the south Q W I I I -BLOCK C- I I I I104- 148—)
boundary line of Block C to the northeast comer of Parcel U'Q N I I I I I I I M 1 497 275 I
42-339; thence southwesterly along the southeast boundary O LU m 1 — I f—i i T— L 7 —
line of Parcel 42-339 to the southwest corner of Parcel m t— ROUSE ADDITION r I r7
42-339; thence southerly along the west boundary line of I U O I I I TO BOZEMAN
Parcel 25-260 to the southwest corner of Parcel 25-260; O L I I I co
thence westerly to the southeast corner of Lot 20, Block 5, I I12 FM I 42-404
Rouse Second Addition to Bozeman; thence westerly along the 1129 I
south boundary line of said Lot 20 to the southwest corner of I15I I I I I I I I I I1 L———
sold Lot 20; thence southerly along the east boundary line of E BABA L— �I I 21-598
Parcel 42-511 to the southeast comer of Parcel 42-511; t� L .�I
thence westerly along the south boundary line of Parcel 42-511 ST I T1 I I �� I
to the southwest corner of Parcel 42-511; thence westerly to
the centerline of the South Church Avenue right of way, thence
northerly along the centerline of South Church Avenue to a Z I I4I I I I I I 1 I h3I
point which is the intersection of the South Church Avenue I O ( I BLOCK B-
right of Wayland the prolongation of the north boundary line of �L U O I 12 FM ( I I 1 1 I I I I I
Parcel 42-511; thence easterlyto the northwest corner of W 1129 I
Parcel 42-511; thence easterly along the north boundary line of U i" H I I I I I I I I I I I I I 24-391
Parcel 42-511 to the southwest comer of Parcel 115 FM 2451; O O O I
thence northeasterly along the northwest boundary line of Parcel J U m I I I I I I I I I
115 FM 2451 to the northeast corner of Parcel 115 FM 2451; m J Q p L—�)
thence southerly along the east boundary line of Parcel 115 FM I I I I ROUSE SECOND I I
2451 to the southeast corner of Parcel 115 FM 2451; thence I COS I�3I ADDITION
easterly to the southwest comer of Block E,Rouse Second
a Addition to Bozeman; thence northerly along the west boundary I I 361 I I TO BOZEMAN
N line of Block E to the northwest corner of Lot 30, Block E, —_—J I 1 '..
a Rouse Second Addition to Bozeman; thence easterly along the I� I I 1 I I I
a north boundary line of Lot 30 to the northeast comer of Lot E OLIVE ST
a 30; thence easterly olong the prolongation of the north line of
.asaid Lot 30 to the centerline of the South Wallace Avenue right I W fj
6i of way, thence northerly along the centerline of the South U I I I I ( I I I ( I I
N Wallace Avenue right of way to a point which Is the intersection W cc
of the South Wallace Avenue right of way and the prolongation 1 Z Z > Q S 4I 3
N of the south boundary line of Lot A of Plot C-6—B, Amended O Z Q I Q ( a (—BLOCK C— I I1 I -BLOCK 11-
rn Subdivision Plat of a portion of Block C and F of Rouse Second U W O W I I I I I III I I II I _
tO Addition; thence easterly along the south boundary line of said N I LJ I�rn I—I-a t I—I-1
Lot A to the southeast corner of Lot A; thence northerly along O W p 00D I 0 IO O L
ofe east boundary line Lot 1, Block F,RousefSecond A ditio said Lot A ton to Bozeman,anhe t thence corner m U Q O 'J U I I I I I I I I I I NORTHERN PACIF/C
O I r — ADD177ON TO
s. easterly along the north boundary line of said Lot 1 to the Q m I ROUSE SECOND I
o southwest corner of Lot 23, Block C,Rouse Second Addition to ip ADDITION i14 BOZEMAN
x Bozeman; thence along the west boundary line of said Lot 23 I I Q ( 3 —————
m to the southwest corner of Lot 4,Block C of Rouse's 2nd 1 I ti �j I ( TO BOZEMAN ——————
aAddition to Bozeman; thence northerly along the west line of
q said Lot 4 to the northeast comer of Parcel A of Plat C-6—F,E CURTISS J Q
a Amended Plot of Rouse's Second Addition to Bozeman; c J
a� thence westerly along the north boundary line of said �Z r
1 FI 42-339
< Parcel A to the northwest corner of Parcel A;
wi thence westerly along the prolongation of the north line of I Z ( —2 I
z said Parcel A to the centerline of the South Wallace Avenue
0Nl right of way, thence northerly along the centerine of
the South Wallace Avenue right of way to the Point of I U
o Beginning; parcels containing24.45 acres, more or less. _
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