HomeMy WebLinkAboutOrdinance 13- 1872 Zone Map Amendment Story's Addition from Residential High Density District to Community Business District co
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 %) 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" (Comm-unity 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 10"' Avenue described in Document 2337846, Story's Addition to City of
Bozeman located in the Northeast One-Quarter (NE '/4) 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
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 Ff and that part of vacated South
I V' 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 101h Avenue described in Document 2337846, Story's Addition to City of Bozeman would
ORDINANCE NO, 1872
Pazge I of 4
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 I
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 1-4 and that part of
vacated 10"' 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 comer 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 10"' Avenue, South, as vacated by Ordinance
No. 395, a distance of 138.00 feet; thence North 90000'00" West, on the north
line of West Babcock Street, a distance of 120.00 feet; thence North 00'00'00"
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.
ORDINANCE NO. 1872
Page 2 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, on
first reading, at a regular session thereof held on the 9th day of September, 2013.
SEAN A. BECKER
Mayor
ATTEST:,,'`
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Ci Cler
ORDINANCE NO. 1872
Pa-C 3 of 4
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. BEaCKER
Mayor
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APPROVED AS T+O FORM:
M
GRE ULLIVA-N
City Attorney
ORDINANCE NCI. 1872
Page 4 of
COMMUNITY FOOD CO-OP ZONE MPREVAMEN
MET - CITY OF BOZEMAN ING -2 USLY R-4)
LOTS 25&26 IN BLOCK H&THAT PART OF VACATED 10th AVENUE,SOUTH DESCRIBED IN DOC.42337846,
IN STORY'S ADDITION TO BOZEMAN
ALSO INCLUDING ADJACENT R/W OF SOUTH 10th AVENUE&WEST BABCOCK STREET
LOCATED IN THE NE 114 OF SECTION 12,T2S,R5E,P,M.M.,
GALLATIN COUNTY,MONTANA
POINT OF
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EXHIBIT A
COMMUNITY FOOD CO-OP ZONE MAP AMENDMENT—ary OF BOZEMAN
ZONING B-2
Description of Primary Zone Map Amendment Tract
A tract of land, said tract being Lots 25 and 26 in Block 11 and that part of vacated 10"' Avenue,
South described in Document No. 2337846 in Story's Addition to Bozeman, said tract being
located in the the Northeast Quarter of Section 12, Township 2 South, Range S 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 00100'00" East, on the east line of 10"' 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" 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.
Description of Adjacent R/W
A tract of land, said tract being portions of South 10"' Avenue and West Babcock Street, 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 Lot 25 in Block H of Story's Addition to Bozeman, thence
South 00'00'00" 17ast, on the cast line of South 101" Avenue, a distance of 138.00 feel, thence
North 90'00'00" East, on the north line of West Babcock Street, a distance of 120.00 feet to the
southeast cornet, of 10"' Avenue, South, as vacated by Ordinance No. 395; thence South
00'00'00" East, on the southerly extension of the east line of vacated 101" Avenue, South, a
distance of 30,00 feet; thence North 90000'00" West, a distance of 150.00 feet; thence North
00100'00" East, a distance of 168.00 feet, thence North 90'00'00" East, on the westerly extension
of the north line of said Lot 25, a distance of 30.00 feet to the Point of Beginning.
The described tract has a computed area of 8,640 square feel, more or less,