HomeMy WebLinkAboutE2 P-05269.Bozeman Gateway ZMA Ordinance.100906
ORDINANCE NO. 1674
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM “BP”
(BUSINESS PARK DISTIRCT) TO "B-2" (COMMUNITY BUSINESS DISTRICT)
ON 28.36± ACRES SITUATED IN THE NORTHWEST ONE-QUARTER OF
SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
MONTANA, LYING ALONG THE SOUTH SIDE OF WEST MAIN STREET,
SOUTH SIDE OF WEST COLLEGE STREET, AND NORTH SIDE OF WEST
GARFIELD STREET.
WHEREAS, the proposed zone map amendment from “BP” (Business Park District) to “B-2”,
(Community Business District) on 28.36± acres has been properly submitted, reviewed and advertised;
and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on January 18,
2006 to receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, no members of the general public spoke in favor of or, in opposition to, the
proposed zone map amendment to a “B-2” zoning designation on said lands; and
WHEREAS, the City of Bozeman Zoning Commission found that the request for a zone map
amendment from a “BP” (Business Park District) to “B-2”, (Community Business District) zoning
designation would comply with the twelve (12) criteria established in Title 76-2-304, MCA; and
WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman
City Commission that the zone map amendment be approved as “B-2” (Community Business District)
on said 28.36 acres, passed on a vote of 3-0; and
WHEREAS, after proper notice, a public hearing was set before the City Commission on
February 6, 2006, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission opened and held its public hearing on February 6, 2006, to
receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, no members of the general public spoke in opposition to the proposed “B-2”
zoning designation for said zone map amendment; and
WHEREAS, the City Commission, finding there was no public testimony elected to waive its
Rules of Procedure to postpone its decision on week and make a decision on said matter; and
WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria
established in Section 76-2-304, M.C.A., and found the proposed zone map amendment, as
recommended by the Zoning Commission, to be in compliance with the twelve criteria; and
WHEREAS, the City Commission found that a “B-2”, (Community Business District) zoning
designation for the proposed zone map amendment would be in compliance with the City of Bozeman
adopted growth policy and would be in the public interest; and
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
“BP” (Business Park District) to “B-2”, (Community Business District).
A tract of land being a portion of Tract 2A of the Amended Plat of West College Minor
Subdivision No. 195A located in the Northeast One-Quarter of Section 14, Township 2 South,
Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, and more particularly
described as follows:
Commencing at the center quarter corner of said Section 4; thence westerly 269° 18' 14",
assumed azimuth from north, 802.71 feet along the north line of the Southwest Quarter of said
Section 4; thence southerly 180° 00'00" azimuth 274.64 feet to the point of beginning of said
portion of Lot 1 to be described; thence continuing southerly 180° 00' 00" azimuth 438.72' feet;
thence westerly 270° 00' 00" azimuth 360.00 feet; thence northerly 000° 00' 00" azimuth 438.72
feet; thence easterly 090° 00' 00" azimuth 360.00 feet to the point of beginning.
Said Tract of land being 28.36 acres more or less along with and subject to any and all existing
easements of record or of fact
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on
the first reading at a regular session thereof held on the 9th day of October, 2006
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session thereof held on the ___ day of ___, 2006.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney