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Home My WebLink About19- Ordinance 2034 Bozeman Medical Arts Center Parking Lot Zone Map Amendment .. S ORDINANCE NO. 2034 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE APPROXIMATELY 0.7 ACRES TO B-3,DOWNTOWN BUSINESS DISTRICT,KNOWN AS THE BOZEMAN MEDICAL ARTS CENTER PARKING LOT ZONE MAP AMENDMENT. 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 2 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 establish a zoning classification of B-3 (Downtown Business District) for 0.7 acres of the property has been properly submitted,reviewed, and advertised; and Page 1 of 5 Ordinance 2034,Bozeman Medical Arts Parking Lot Zane Map Amendment WHEREAS, the Bozeman Zoning Commission held a public hearing on September 3, 2019, 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 September 16, 2019,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-3, Downtown Business District: A tract of land known as Lots 1-6, Block 4 of Beall's Third Addition,the vacated 8.5 foot strip of land adjacent to North Willson Avenue,the Eastern One Half of the adjacent 14 foot alley,the Western One Half of the ROW of North Willson Avenue and the South One Half of the ROW of West Villard Street. All located within the North West one quarter of Section 7, Township 2 South, Range 6 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows: Beginning at the POINT OF BEGINNING(POB), which is the centerline intersection of North Willson Avenue and West Villard Street; thence, S 01°22' 17" along the centerline of North Willson Avenue for a distance of 179.87 feet to a point; Page 2 of 5 Ordinance 2034,Bozeman Medical ATMs Parking Lot Zone Map Amendment thence,N 89' 00' 40" W for a distance of 169.20 feet to a point at the centerline intersection of a 14 foot alley. Thence,N 0V 21' 41" E along the centerline of said alley for a distance of 179.87 feet to a point at the centerline intersection of said alley and West Villard Street. thence S 89' 00' 46" E along the centerline of West Villard Street a distance of 169.24 feet to the P.O.B. Said area being 30,436 square feet or 0.70 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 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. Page 3 of 5 Ordinance 2034,Bozeman Medical Arts Parking Lot Zone A1ap Amendment 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." Section 6 Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. Page 4 of 5 Ordinance 2034,Bozeman Medical Arts Parking Lot 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 28'h day of October, 2019. CYNTHIA L. D Mayor ATTEST: BAk 2'< ® n ❑ e • c .9 : ROBIN CROUCH City Clerk 1883 • �. . 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 18th day of November, 2019. The effective date of this ordinance is December 18, 2019. YNTHIA S Mayor ATTEST: 130 ROBIN CROUGH �: { City Clerk • yll♦• • • . +• 10 TIN co APPROVED AS TO FORM: te G SULLIVAN City Attorney Page 5 of 5 BOZEMAN MEDICAL ARTS PARKING LOT ZONE MAP AMENDMENT B-3 ZONING on 0.70 Acres, (PREVIOUSLY ZONED R-4) UPON A TRACT OF LAND KNOWN AS LOTS 1-6,BLOCK 4 OF BEALL+S THIRD ADDITION,THE VACATED 8.5 FOOT STRIP OF LAND ADJACENT TO NORTH WILLSON AVENUE,THE EASTERN ONE HALF THIS OF THE ADJACENT 14 FOOT ALLEY,THE WESTERN ONE HALF OF THE ROW OF NORTH WILLSON AVENUE AND THE SOUTH ONE HALF OF THE ROW OF WEST VILLARDSTREET. _ ALL LOCATED WITHIN THE NORTHWEST ONE QUARTER OF SECTION 7,TOWNSHIP 2 SOUTH,RANGE BEAST,PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA.' � I a g9 aaN'•Bbek D LLien $dt'e gne AddYwn a S 60'lotr Zr-21 Dtack a � d• dYeLL'e Jrd Additfan. Lb la-2a DGcY 2 VIC,�� s��'`f N VILLARD STREET (60' ROW) EXHIBIT A I1-.oc000r.oueu�� senvdaa E lan.z{ ■••■■■■Issillmlelsell es Is Is Is Is..Is el Is as Is F LEGAL DESCRIPTION I BOZEMAN MEDICAL ARTS PARKING LOT ZONE MAP AMENDMENT Total of 0.25 Acres of ROW and Alley Area POE �I To Be IndMded Within Proposed Amendment Change pv A tract of land known as Lots 1-6,Block 4 of Beall's Third Addition,the vocoted 5, 5.5 Feet strip of land ad)eeant to North Wilson Awnue,the Eastern One Half of line a 0' d)acant 14 feet alley,the Western One Half of the ROW of North Willson Avenue and Q'p thr South One Hoir of the ROW of West Villad Street All located within the North F.^. West one quarter of Section 7,Township 2 South,Range 6 East,Principal Meridian -'-------'=° Montana,City of So n,Gallatin County,Montana and being more par llculariy If BOZEMAN MEDICAL ARTS ----- --"`°=-- described as fall aw.: --- --- PARKING LOT -� Beginning at the POINT OF BEGINNING(POB),which Is the centedine Intersection of North Willson Awn,,and Wast Villord Street; ZONE MAP AMENDMENT thence,S 01'22'17'along the centerline of North Willson Avenue for a distance of PROPOSED B-3 ZONING(0.70 ) 179.87`eat to a point, thence,N 89'00'40'W for a distance of 169.20 feet to a point at the centerline Inter—win of o 14 tool alley. There.feet to a point IN 01' lat the Ecent.rine intersect the ion of sold all ley far antl WestoVlllardf 179.87 Streak. Previously Zoned _. _. .._ (LV.,,Sn a : 0 1�04•NZA k1 ft-0 w ,s0 Av� theme 5 89'00'46'E along the centedine of Weal Allard Street a distance of �y -P — �a��,P .d p - a }" �✓V f 159.24 fast to the P.O.B. Subjectaid et000ll ecoamen s or.cco`d orropporenl 0.70 ran I asground� along with and CERTIFICATE OF SURVEYOR I,the undersigned.John R.Pugh.Registered Lord Surwyar,do hereby certify that surveyed the same-shown on the a<Companyinq drowlna d as de Hied in r'�Fe+FHtH�H��7N■ N64m'+0-W sa,l0' c dance with the proHslcns of the Montana Subdivision nd Platting Act, ae or rr •• ___...—...__ Section 78-3-10t through 76-3-625.MCA,and the City of Bozeman and Gallatin County DATED this di3 In day 9uoflS'r,A-- A.D..2019. �•ONTA Nq ,o a Qi _.. _. u��1,r°T _ � p(/Is-/•'��i 16630 M1s C a _ JVu,.,vRVV Jahn R.Pugh �4L LAND pL J�e:w'w Registration Na.15626LS g'as=:TAR�PLANE G DRIo 7oN_ F aN W I i e S NDROJ WnO GROUND iNe I d 1M ting epna ma0 as oveas sere INTERNATIONAL FEET PROJECTION AT: v,.d from Ne cumnt Gty al Bozeman OS departments I,.seta. NO TN LATTUOE:Q {5'-W''-19.8]SB• JP.NANd MST LDNCImpe nr-DY-19,eemD• cENrR.,NrTEc. aVprlli�, STAHLYENGINEERING&ASSOCIATES epzeuAN McGIpAL ARrs PAltwNO Lm zee MAPAMeymMexr ^ E1LPsop NT:47626e•IL - PROFESSIORALENGn6ER46SURVEY0P9 1{SEC T R 1/4 SEC T R a NOIS TITS D F NE Is ROOMNFEN TE STAHLY ` COUNTY:GALLATIN IµI DATE Or SURVEY:05-an-2019 N$NOW ONLY ME APPRONMATE wanacan rt pERIVED FRGA MTSI CORs STATION PURPOSE OF SURVEY:Ta Prapove o 2me Cnonps LOCATION Or THE ZONING CHANCE 71a]NovT.WA AH. ]]]o crNrtxNloR v eeolpl pR.M I aaa nryoM,s SS (BOIDAAN,YONTANA) OWNER OF RECORD:8oxarn n Meduce,Nis Cant: AND 00[5 NOT RE A y® Q 6� ousw.sr0eelm rl::�(+awf-ew I ,asn�(+oiMss-vai PRINGPAL MERIpIAN, ® a7 25 aE MERIDIAN CONVfltGENCE ANGLE-(-)Ot'-OY-32' 6URVCY COMNISSWED BY:Nemebau ParMerr.LLC RECORD BOUNDARY STREET. Deus,s rnY tse.v,-,me r..l.ulu:uom In.n`(+ogm_rm MONCIPA ® ® 2 1 OF 1 �IONa,-.m