HomeMy WebLinkAboutOrdinance 14- 1899 Amending the Zoning Map to Change Neighborhood Business Districts V 9�
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ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
FROM THE NEIGHBORHOOD BUSINESS DISTRICT TO THE COMMUNITY
BUSINESS DISTRICT ON 5.902 ACRES LOCATED SOUTH OF CATRON STREET
AND EAST OF NORTH 271"' AVENUE.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission
must conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to amend the zoning of "B-1" (Neighborhood Business District) to `B-2" (Community
Business District) 5.902 acres has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 5, 2014,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
Page 1 of 4
Ordinance No. 1899, The Springs Living Zone Map Amendment
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on August
25, 2014, 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 zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment would be in compliance with the criteria.
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 1 and 2 in Block 4 of the Plat of Cattail Creek Subdivision,
Phase 1, and adjacent portions of Catron Street and North 27"' Avenue as platted in said
subdivision, said tract being located in the Northwest Quarter of Section 35, Township 1 South,
Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and
being further described as follows:
Commencing at the northeast corner of said Lot 1; thence North 0093'52" East, on the east line
of said subdivision, a distance of 30.00 feet to the Point of Beginning; thence South 00°13'52"
West, on the east line of said subdivision, a distance of 650.02 feet; thence North 89°46'08"
West, on the line between Lots 2 and 3 in said Block 4, and the westerly extension of said line, a
distance of 432.50 feet; thence North 00'13'52" East, on the centerline of North 27"'Avenue, a
distance of 547.94 feet; thence through the next 5 courses on the centerline of Catron Street:
South 89°46'08" East, a distance of 97.15 feet; thence on a curve to the left with a radius of
150.00 feet, a central angle of 26°14'00", and an arc length of 68.68 feet; thence North 63059'52"
East, a distance of 160.98 feet; thence on a curve to the right with a radius of 150.00 feet, a
central angle of 26°12'45", and an are length of 68.62 feet; thence South 89°47'23" East, a
distance of 58.39 feet to the Point of Beginning.
Page 2 of 4
Ordinance No. 1899, The Springs Living Zone Map Amendment
The described tract has an area of 5.902 Acres. The described tract is along with and subject to
any existing easements.
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 "Zone Map Amendments."
Page 3 of 4
Ordinance No. 1899, The Springs Living Zone Map Amendment
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 held on the 13th day of October 2014.
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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 27"' of
October, 2014. The effective date of this ordinance is November 27, 2014.
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APP OVED AS TO FORM:
G G ULLIVAN
City Attorney
Page 4 of 4
THE SPRINGS LIVING ZONE MAP AMENDMENT
ZONING B-2(PREVIOUSLY B-1)
A TRACT OF LAND,SAID TRACT BEING LOTS i AND 2 IN BLOCK 4 OF THE PLAT OF CATTAIL CREEK
SUBDIVISION,PHASE 1,AND ADJACENT PORTIONS OF CATRON STREET AND NORTH 27th AVENUE AS
PLATTED IN SAID SUBDIVISION,SAID TRACT BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN,GALLATIN
COUNTY,MONTANA
S89.47'2,3"E POINT OF BEGINNING
58.39 .1011,
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CONTAINS 5.902 ACRES
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BEARING BASIS: PLAT OF CATTAIL CREEK
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LOT 3 N89'46'08"W 432,50' GAL�AT}N
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THOMAS,DEAN&HOSKINS,INC.
CURVE TABLE ENGINEERING CONSULTANTS
CURVE RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE DRAWN BY: CB
Cl 150.00' 1 68.68' 1 68.08' N77'06'52"E 26-14'00' QUALITY CHECK:
C2 150.00' 1 68.62' 68.03' N77-06.14"E 26'12'45" DATE: 9/18114 1 FB: -- TD&
JOB NO. 814-089
CAD NO. 140897MA1.dw TAB:8.5x11