HomeMy WebLinkAbout18- Ordinance 1983 Kirk Park Zone Map Amendment ORDINANCE NO. 1983
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE
APPROXIMATELY 12.335 ACRES FROM R-2 RESIDENTIAL MEDIUM DENSITY TO
PLI PUBLIC LANDS AND INSTITUTIONS, AND TO ZONE APPROXIMATELY 1.198
ACRES B-2 COMMUNITY BUSINESS TO MATCH THE EXISTING ZONING TO THE
PROPERTY BOUNDARY.
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, M.C.A. 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, M.C.A..; 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 rezone approximately 12.335 acres/537, 304 square feet of an existing lot("Park Area 1") from
Page 1 of 6
Ordinance 1983,2017 Kirk Park Zone Map Amendment
R-2 Residential Medium Density to PLI Public Lands and Institutions, and to zone approximately
1.198 acres/52, 202 square feet B-2 Community Business to match the existing zoning to the
property boundary("Lot 1")has been properly submitted,reviewed, and advertised; and
WHEREAS,the Bozeman Zoning Commission held a public hearing on November 2121,
2017, 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
WHEREAS, after proper notice, the City Commission held its public hearing on
November 27, 2017,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 I
That the zoning district designation of the following-described property is hereby designated as
B-2, Community Business District:
A tract of land, said tract being Lot 1,Block 6 of the Amended Plat of Park Area&
a Portion of Block 6 of West Park Manor, First Addition as filed in Platbook F,
Page 36-J of Gallatin County records, said tract being located in the Northeast
Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County,Montana and being further described
as follows:
Page 2 of 6
Ordinance 1983,2017 Kirk Park Zone Map Amendment
Beginning at the most northerly corner of said Lot 1; the following 6 courses are
clockwise around said lot: thence South 38°37'41" East, a distance of 218.05 feet;
thence South 51°21'34" West, a distance of 75.87 feet;thence on a curve to the left
with a radius of422.00 feet,a central angle of30°00'48",an arc length of221.06 feet,
having a chord which bears South 36°25'33" West, 218.54 feet; thence North
68°39'18" West, a distance of 90.89 feet; thence North 01°03'48" West, a distance
of 105.64 feet; thence North 28°41'56" East, a distance of 290.55 feet to the Point
of Beginning.
The described tract has an area of 1.198 acres, more or less. The described tract is
as shown on the accompanying exhibit and is along with and subject to any existing
easements.
That the zoning district designation of the following-described property is hereby designated as
PLI, Public Lands and Institutions:
A tract of land, said tract being Park Area 1, of the Amended Plat of Park Area &
a Portion of Block 6 of West Park Manor, First Addition as filed in Platbook F,
Page 36-J of Gallatin County records, said tract being located in the Northeast
Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County,Montana and being further described
as follows:
Beginning at the northeast corner of said Park Area 1;the following 3 courses being
on the easterly line of said park and on the westerly line of North 20th Avenue:
thence South 02°14'02" West, a distance of 212.35 feet; thence on a non-tangent
curve to the right with a radius of 352.00 feet, a central angle of 49°08'00", an are
length of 301.85 feet, having a chord which bears South 26°50'43" West, 292.69
feet; thence South 51°21'34" West, a distance of 20.97 feet;
continuing on the generally northwesterly line of said North 20th Avenue through
the following 2 courses: thence North 38°37'41" West, a distance of 10.00 feet;
thence South 51°21'34" West, a distance of 40.00 feet;
the following 3 courses are on the northeasterly and westerly boundaries of Lot 1
of said amended plat: thence North 38°37'41" West, a distance of 218.05 feet;
thence South 28°41'56" West, a distance of 290.55 feet; thence South 01°03'48"
East, a distance of 105.64 feet;
Page 3 of 6
Ordinance 1983, 2017 Kirk Park Zone Map Amendment
the following 6 courses being on the southerly,westerly and northerly lines of said
Park Area 1: thence North 68°39'18" West, a distance of 49.00 feet; thence on a a
non-tangent curve to the left with a radius of 1431.78 feet, a central angle of
18°23'33",an arc length of 459.61 feet,having a chord which bears North 77°43'45"
West, 457.64 feet; thence North 86°55'09" West, a distance of 53.96 feet; thence
North 01°38'50" East, a distance of 563.90 feet; thence North 01°30'40" East, a
distance of 24.47 feet;thence South 89°17'19" East,on the south line of West Beall
Street, a distance of 997.93 feet to the Point of Beginning.
The described tract has an area of 12.335 acres,more or less. The described tract is
as shown on the accompanying exhibit and is along with and subject to any existing
easements.
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
Page 4 of 6
Ordinance 1983,2017 Kirk Park Zone Map Amendment
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.
Page 5 of 6
Ordinance 1983,2017 Kirk Park Zone Map Amendment
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day uary, 2018.
A .
Mayor
BOZ
ATTEST:
. 'k .7
ROBIN CROUGH
City Clerk �'' y y1883 •
LgTIN GO•�l0- ,
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 5ch day of
February, 2018. The effective date of this ordinance is March 7th,2018.
L. S
Mayor
ATTEST: /
F B 02
ROBIN CROUGH f'� ` ```� y�T
City Clerk
��i•••1883 .'
gTIN CO.��0 APPROVED A FORM:
LLIVAN
City Attorney
Page 6 of 6
KIRK PARK ZONE MAP AMENDMENT
ZONING B-2&PLI(PORTIONS WERE PREVIOUSLY ZONED R-2)
A TRACT OF LAND,SAID TRACT BEING PARK AREA 1&LOT 1,BLOCK 6 OF THE AMENDED PLAT OF PARK AREA&A PORTION OF BLOCK 6 OF
WEST PARK MANOR,FIRST ADDITION(F3W),LOCATED IN THE NE 114 OF SECTION 11,T2S,RSE,P.M.M.,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
m..,oEscRlpnaN
A Wm of Iona.mid t Ming Pok Ai•o 1 and lot 1.B k a or Uu
loom dW Mot of Pak—a a Portion of BImk a a Wnt Pmk Wes fir.! LOT 2
M ,am Vet!In Piotbaak F.
Pop.]B�m O IW,wunty calm.mmd boc! LBT n E.y� LBT]°ZONIN R-2 LOT 2 W LgT 91 ZONIN R-2
Ming Iaabd In bet N,ft.k punk•,IN SmW,11.Tawahip 2 Boub,Rang• ZMINO R-2 4 CI(s
a E•W,Pknclal M.kdlan Menba,My al Beaman,Callen ca.nty.Momana ZONING R-J G eto B C BLO LOT s2 ypT s
and Mlng f— dnckbmtl qm lellan: IB4 y ZBNIN R-2 BB ZONING R-2L'IN.
nin9 at b.n�maW am•r of Hid P k Am 1;b.Iellming]aur.m. rRA� p1TpUTJ-IB4 PUT f_pq pI _A r!_4f N PLAT F-11 BLB 2 PUT�� LBT BsMlnqbet maWm Ilnm IN Hid pak oM on tM w•.ImM Iln•IN NeM 3Db p(ALt --ourv�b N 1Aght•Wb a radlui of 1f V$f amMal anpl aolLBS iB66 I z LBT at LBT 1 z LOT 9EA LOT1,onarcngwT Z LOT BB yqT 12aB0' • f•.1:IMnn Soub at'21'J4•Wmmt a dlW IN 20.g7 LaT a4 - -
Mt'
ananuing on b•g 1b,neMwnt.M M•mold N.M lob Annu•through
bet feliering]auro.:beta NaM]S]T41'Wrt v mWvnc.ar 10.00 rot; g
ones Boron sr21'u W.t o dl.bna IN 11s:m int times•one s WEST BEALL STREET �Iw
im,omt a Duet!q th.I•N*th a radlu•d 42ZM fmL q Heal_I.
mnJpoO.4e•,an va Lngu m 22toa rot honng o cnom.man boa sau --
]aaa'ar Wnt 21B.a4 Wt --_-- S89°17'19•E 997,93'
u•na NeM a '1a•Wm%en um mo .M tin.or maId rot 1.Block a oN N01°30'40"E POINT OF
on u.mm�.M Ib.mold Pak bn 1.v dl•bnem m INA9 fmt 0. 24.47' BEGINNING _
rellerinp s aur..m Ming on bet.aub.M••m Uly and o o Ilan IN•old
Pak Arn 1:Inma en e q Han-brpnl curvet b Nm Iron 4 resales m
14]IJa(nt o m4o1 gnpl•of iB'ffi']J•,en ea Nngb er 39.81 f•mt haAng d
o chob which bon NoM Tf43'45•Wa.L 4a7.a4 bW:mM N.M aa35W
WaL a dMtanc•a alga fnt than NaM 01'W'a0•U4 a dl.—of ry C
]0.1g0 fm•t bees•N.M 01'30W E,,t o tlWna m 24.47-hmt beta t7
Bout aCi7.1g•Po en b.nub II..m Wm Beall W mL a dlWena IN N C
Wg Int b}.IMint m Bet I,,nl.g. o N uJ
Th.dmnkb.d imc!ho.cn am IN g].—acres mesa m I—Th d-- ,n ZONINc B-2
tract I•a.•hnn an b•eaompaMlnO ahlblt and I.alma W h and nblmm b
aM nlWng n_m.m. KIRK PARK ZMA BOUNDARY LPur F 9a B �.
CONTAINS 13.533 ACRES (589,506 SF) " UAUTY`H K
DATE:
ID
N
W W
Y Z P,o AIXA 1 U N
ZONING R-J
'AI-esBA
ZONING PLI O4 LB U>�Ryy NB
Z z
20NINC B-2 Z
W
IS O,.undmMpnmd,y o—ry bet bet InlgrmaltbnlalnalbaM �1-' W 6
a alatlncailClbn end•Nhlbl!I.amm b 1M bw!
IN mY hnowl•tlgm. g 1 M Q F
V
1- a z
Bee inY_dry W 2p_ 0 II. f C
BLBLI(NB Z 2
than"no cn''9Sa.12as1 is .�O pur r_Be- � o w
N
NB6.55'09"W �m
53.96' a
C3 Gry Y
IY
Y
2aNINc B-2
2 X1NOR SUB 72
ZONING B-2
LOTNT
44 LOT"gLBB BPLAT
M W WIDE BTRIP LpyAT BBxB 0 60, 120' 180,
muvErm ar Flw �i 1 1 I tI I I
cu—I— tME iABIB I.,PAGE IW 5 C A L E
Bp,pO' ff N..B 'WB6 a4 AB RTEIIWINEO
9ea4J xc ID� BY BU—tlMGE—RECElYEF6 WIM
m21W BB . l2 TIE CENIIW.YERmBN RUNNING
1 m 1XROIId UT,dS]g'4pJB•N,tBN4
111'PLW201'W.
I SHEET