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Home My WebLink AboutProvisional adoption Ordinance 1871, zone map amendment, Lots 14 & 15, Block D Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Brekke, Neighborhood Planner Wendy Thomas, Director of Community Development SUBJECT: Approve Provisional Adoption of Ordinance 1871 adopting a zone map amendment to allow a change from B-2 to B-3 for a tract of land being Lots 14 & 15, Block D, Tracy’s Addition to Bozeman (407 West Main Street), Application Z13141. MEETING DATE: September 9, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally approves Ordinance 1871 for a zone map amendment to allow a change from B-2 to B-3 for a tract of land being Lots 14 & 15, Block D, Tracy’s Addition to 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 provisionally adopt Ordinance 1871 for a zone map amendment to allow a change from B-2, Commercial Business District to B-3, Central Business District, for a tract of land being Lots 14 & 15, Block D, Tracy’s Addition to Bozeman.” BACKGROUND: Harringtons/PAB, LLC received preliminary approval for a zone map amendment application Z13141 from B-2, Community Business District, to B-3, Central Business District for a 0.2517-acre parcel addressed as 407 West Main Street on August 26, 2013, subject to two 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 1871. 2. Deny Ordinance 1871. FISCAL EFFECTS: No significant fiscal effect has been identified. Attachments: Ordinance 1871 and ZMA Map Exhibit. Report compiled on: August 28, 2013 ORDINANCE NO. 1871 Page 1 of 4 ORDINANCE NO. 1871 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 14 & 15, BLOCK D, TRACY’S ADDITION TO BOZEMAN AS “B- 3”, CENTRAL BUSINESS DISTRICT FOR 0.2517 ACRES OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE PRINCIPAL MERIDIAN OF MONTAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map from “B-2” (Community Business 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 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. Z13141 for approval of B-3 zoning for a tract of land being Lots 14 & 15, Block D, Tracy’s Addition to Bozeman, and one-half of the adjacent street and alley, located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 2 South, Range 5 East of the Principal Meridian of Montana, City of Bozeman, Gallatin County, Montana with contingencies; and WHEREAS, after proper notice, the City Commission held its public hearing on August 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, M.C.A., and found that the proposed zone map amendment from B-2 (Community Business District) to B-3 (Central Business District) for Lots 14 & 15, Block D, Tracy’s Addition to 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 14 & 15, Block D, Tracy’s Addition to Bozeman would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. 35 ORDINANCE NO. 1871 Page 2 of 4 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-3" (Central Business District): A tract of land being Lots 14 & 15, Block D, Tracy’s Addition to Bozeman, and one-half of the adjacent street and alley, located in the Southeast Quarter of the Northeast Quarter of Section 12, Township 2 South, Range 5 East of the Principal Meridian of Montana, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the Southeast corner of said Lot 14, Block D. Thence South 00E24'03" East along the extension of the east line of said Lot 14, a distance of 45.00 feet. Thence South 89E49'36" West, a distance of 56.03 feet. Thence North 00E23'37" West along the west line of said Lot 15, a distance of 195.75 feet. Thence North 89E53'22" East along the centerline of the alley in said Block D, a distance of 56.00 feet. Thence South 00E24'03" East along the East line of said Lot 14, Block D, a distance of 150.69 feet, to the Point of Beginning. The described parcel has an area of 0.2517 acres (10,963 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 Harringtons/PAB,LLC 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. 36 ORDINANCE NO. 1871 Page 3 of 4 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of September, 2013. ___________________________________ SEAN A. BECKER Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk 37 ORDINANCE NO. 1871 Page 4 of 4 FINALLY ADOPTED 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 38 39