HomeMy WebLinkAboutOrdinance 13- 1871 Zone Map Amendment Tracy's Addition from Community Business District to Centeral Business District 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-
319, 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.
ORDINANCE NO. 1871
Page I 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 comer of said Lot 14,Block D. Thence South OOE24'03" 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 OOE24'03"
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.
ORDINANCE NO. 1871
Page 2 of 4
Section 4
That ubonb] any sentence, paragraph, subdivision, cbzum#` nlraao or section of this
ordinance be adjudged or held io be unconstitutional, illegal, or invalid, The uunzm shall not uDeu
the validity of this ozdlonnoc as o whole, or any pmt nc provision thereof, other than the part so
decided tobe 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 bvthe City Clerk and entered into o
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled"Zoning Map Aozuodrnezts.^`
Section 6
Effective Date.
This ordinance nbuU be in full force and effect thirty (30) days uKcr final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held nm the 9th day of September,2013.
/i
SEAN A. BECKER
ayor
ATTEST;
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SIC U MEN, I�MC
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ORDINANCE NO, 1071
Page 3vf4
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 23'd day of September, 2013.
SEAN A. BECKER
Mayor
ATTEST: a� ..
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APPROVED AS TO DORM:
GIBE LLIYAN
City Attorney
ORDINANCE NO. 1871
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