HomeMy WebLinkAboutProvisional Adoption of Ordinance 1846, South Wallace Zone Map amendment, Z-12122 REPORT TO: Honorable Mayor and City Commission FROM Doug Riley, Associate Planner
Tim McHarg, Director, Planning and Community Development
SUBJECT: South Wallace Zone Map Amendment #Z-12122 – Ordinance 1846 MEETING DATE: Monday, November 5, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the 1st reading of Ordinance 1846 adopting zoning of B-3 (Central Business District) on the 2.8751 acre tract known as the South Wallace Zone Map Amendment.
BACKGROUND: The City received an application to amend the City of Bozeman Zone Map to
rezone approximately 2.9 acres from R-4 (Residential High Density District) to B-3 (Central Business
District) from the Gallatin Seed Company Condominium Association and Olive and Wallace LLC. The subject properties are located on South Wallace Avenue, in the vicinity of East Olive and East Curtiss
Streets (immediately west of the Bozeman Public Library). The properties are more commonly known
as the Gallatin Seed Company property located on the west side of South Wallace Avenue between East
Olive Street and East Curtiss Street; the old Harrington’s building located on the east side of South
Wallace Avenue and the vacant property immediately to its south.
The City Commission acted favorably on the request for the rezoning of the properties at the public
hearing on August 6, 2012. The Zone Map Amendment now needs the implementing ordinance to be
finalized.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1) Approve the ordinance as provided by staff.
2) Approve a modified ordinance as directed by the City Commission.
3) Not approve the ordinance.
FISCAL EFFECTS: Rezoning the property will not have any immediate fiscal effects to the City.
Future development/redevelopment of the properties under the requested B-3 zoning may increase tax values and corresponding revenue from the properties.
Attachments: Ordinance 1846 and Zoning Map of Amended area
Report compiled on: October 24, 2012
Commission Memorandum
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ORDINANCE NO. 1846
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO REZONE APPROXIMATELY 2.9 ACRES FROM R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) TO B-3 (CENTRAL BUSINESS DISTRICT) FOR THE PROPERTY
KNOWN AS THE SOUTH WALLACE ZONE MAP AMENDMENT TRACT LOCATED
IN THE SE1/4 OF SECTION 7, T2S, R6E, PMM, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to rezone approximately 2.9 acres from
R-4 (Residential High Density District) to B-3 (Central Business District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 17, 2012,
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 proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on August
6, 2012, 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 thirteen 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 thirteen criteria; and
WHEREAS, at its meeting held on August 6, 2012, the City Commission found that
the proposed zone map amendment would be in compliance with Bozeman’s adopted growth
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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
amended from R-4 (Residential High Density District) to B-3 (Central Business District):
A tract of land located in the Southeast Quarter of Section 7, Township 2 South, Range 6
East of the Principal Meridian of Montana, City of Bozeman, Gallatin County, Montana,
and being further described as follows:
Beginning at the Northeast corner of Parcel A of Amended Plat C-6-____. Thence South
00°06'06" West along the East line of said Parcel A, a distance of 145.00 feet. Thence
North 89°41'25" West along the South line of said Parcel A, a distance of 5.18 feet.
Thence South 00°22'47" West along the East line of Parcel 52-51-50-49-52, Certificate of
Survey No. 460, a distance of 95.36 feet. Thence South 00°17'40" West along the East
line of Amended Plat C-6-B, a distance of 186.46 feet. Thence North 89°40'45" West
along the South line of said Amended Plat, a distance of 116.54 feet to a point in the
Centerline of South Wallace Ave. Thence along the Centerline of South Wallace
Avenue, North 00°10'45" East, a distance of 45.25 feet to the Centerline intersection of
South Wallace Ave., and East Curtiss St. Thence along the Centerline of East Curtiss St.,
South 89°26'37" West, a distance of 207.04 feet to the intersection of the Centerline of
East Curtiss St. and the Centerline of the Alley in Block D, Rouse's 2nd Addition to
Bozeman. Thence along the Centerline of said Alley, North 00°14'47" East, a distance of
360.54 feet to the intersection of the Centerline of said Alley and the Centerline of East
Olive St. Thence along the Centerline of East Olive St., North 89°20'40" East, a distance
of 207.71 feet to the intersection of the Centerline of East Olive St., and the Centerline of
South Wallace Ave. Thence along the Centerline of South Wallace Ave., North
00°30'08" East, a distance of 20.64 feet. Thence South 89°41'25" East and along the
North line of Parcel A, Amended Plat C-6-___, a distance of 121.02 feet, to the Point of
Beginning.
Said tract of land being 2.8751 acres along with and subject to any existing easements of
record or apparent on the ground.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the ____ day of
___________________ 2012.
_________________________________ SEAN A. BECKER Mayor
ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the ____ day
of ________________ 2012.
_________________________________
SEAN A. BECKER Mayor ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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