HomeMy WebLinkAboutOrdinance 13- 1846 South Wallace Zone Map amendment from R-4 to B-3 �x
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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
ORDINANCE NO. 1846
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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.
ORDINANCE NO. 1846
Page 2 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.
ORDINANCE NO. 1846
Page 3 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.
jefSEAN A.�BECK�ER
DO Mayor
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City Cl rk •
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FINALLY�P8$SkD, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 28°i day of
January, 2013. The effective date of this ordinance is February 27"', 2013.
4MaymSEANA. BECKER
or 1
ATTEST;' .° p • ' ��
S AC �N,CMC -
C1 y C r r
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APPROVED S T FORM:
1"�A
SULLIVAN
C�tytorney
ORDINANCE NO. 1846
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