The URL can be used to link to this page

Home My WebLink AboutProvisional Adoption Ordinance 1872, zone map amendment for Lots 25 & 26 of Block H Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, AICP Wendy Thomas, Director of Community Development SUBJECT: Provisional Adoption of Ordinance No. 1872 adopting a zone map amendment to allow a change from R-4 to B-2 for a tract of land being Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman (917-921 West Babcock Street), Application Z13139. MEETING DATE: September 9, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission preliminarily approves Ordinance 1872 for a zone map amendment to allow a change from R-4 to B-2 for a tract of land being Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman. RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and considered all of the information presented, and a public hearing having previously been held on August 26, 2013, I hereby approve Ordinance 1872 for a zone map amendment to allow a change from R-4, Residential High Density District, to B-2, Community Business District, for a tract of land being Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman.” BACKGROUND: The Community Food Co-op, Inc., received preliminary approval for a zone map amendment application Z13139 from R-4 (Residential High Density District) to B-2, (Community Business District) on 0.380-acres addressed as 917-921 West Babcock Street on August 26, 2013, subject to contingencies necessary for the preparation of the final ordinance, and now requires the implementing ordinance. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approve Ordinance 1872 2. Deny Ordinance 1872 FISCAL EFFECTS: No significant fiscal effect has been identified. Attachments: Ordinance 1872 and ZMA Map Exhibit. Report compiled on: August 30, 2013 40 ORDINANCE NO. 1872 Page 1 of 4 ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF LAND BEING LOTS 25 AND LOT 26 OF BLOCK H AND THAT PART OF VACATED SOUTH 10TH AVENUE DESCRIBED IN DOCUMENT 2337846, STORY’S ADDITION TO CITY OF BOZEMAN AS “B-2”, (COMMUNITY BUSINESS DISTRICT) FOR 0.38- ACRES OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 12, TOWNSHIP TWO SOUTH (2S), RANGE FIVE EAST (5E), PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map from “R-4” (Residential High Density District) to “B-2” (Community Business District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 6, 2013, 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 recommended by the Community Development Department and provided in Zoning Commission Resolution No. Z13139 for approval of B-2 zoning for a tract of land being Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman located in the Northeast One-Quarter (NE ¼) of Section 12, Township Two South (2S), Range Five East (5E), PMM, Gallatin County, Montana with contingencies; and WHEREAS, after proper notice, the City Commission held its public hearing on August 41 ORDINANCE NO. 1872 Page 2 of 4 26, 2013, 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, Mont. Code Ann., and found that the proposed zone map amendment from R-4 (Residential High Density District) to B-2 (Community Business District) for Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman would be in compliance with the thirteen criteria; and WHEREAS, at its meeting held on August 26, 2013, the City Commission found that the proposed zone map amendment for Lots 25 and Lot 26 of Block H and that part of vacated South 10th Avenue described in Document 2337846, Story’s Addition to City of Bozeman 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 designated as "B-2" (Community Business District): A tract of land, said tract being Lots 25 and 26 in Block H and that part of vacated 10th Avenue, South described in Document No. 2337846 in Story’s Addition to Bozeman, said tract being located in the Northeast Quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows: Beginning at the northwest corner of said Lot 25; thence North 90°00'00" East, on the north line of Lots 25 and 26 and on the north line of the property described in Document No. 2337846, a distance of 120.00 feet; thence South 00°00'00" East, on the east line of 10th Avenue, South, as vacated by Ordinance No. 395, a distance of 138.00 feet; thence North 90°00'00" West, on the north line of West Babcock Street, a distance of 120.00 feet; thence North 00°00'00" 42 ORDINANCE NO. 1872 Page 3 of 4 East, on the west line of Lot 25, a distance of 138.00 feet to the Point of Beginning. The described tract has a computed area of 16,560 square feet, more or less. The described parcel has an area of 0.38-acres (16,560 sq. ft.), more or less and subject to any and all existing easements of record or apparent from a visual inspection of the property, and as described on the Community Food Coop Zone Map Amendment Map. 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.” 43 ORDINANCE NO. 1872 Page 4 of 4 Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY APPROVED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 9th day of September, 2013. _________________________________ 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 23rd day of September, 2013. ___________________________________ SEAN A. BECKER Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 44 45 46