The URL can be used to link to this page

Home My WebLink AboutFinal Adoption Ordinance 1846, establishing B-3 South Wallace Zone Map Amendment REPORT TO: Honorable Mayor and City Commission FROM Doug Riley, Associate Planner Steve Worthington, Community Development Director SUBJECT: South Wallace Zone Map Amendment #Z-12122 – Ordinance 1846 – Final Adoption MEETING DATE: Monday, January 28, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the 2nd reading and final adoption 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 City Commission approved the 1st reading of the Ordinance on November 5, 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: 1/14/2013 Commission Memorandum 123 ORDINANCE NO. 1846 Page 1 of 4 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 124 ORDINANCE NO. 1846 Page 2 of 4 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 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-E. 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-E., a distance of 121.02 feet, to the Point of Beginning. 125 ORDINANCE NO. 1846 Page 3 of 4 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 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. 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. 126 ORDINANCE NO. 1846 Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 5th day of November, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC 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 28th day of January, 2013. The effective date of this ordinance is February 27th, 2013. _____________________________________ SEAN A. BECKER Mayor ATTEST: ___________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _______________________________________ GREG SULLIVAN City Attorney 127 128