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HomeMy WebLinkAboutOrdinance 15- 1919 Amending the Zoning Map to Initally Designate 8.99 Acres B-2 Community Business District 9� e • y Co ORDINANCE NO. 1919 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 8.99 ACRES B-2, COMMUNITY BUSINESS DISTRICT LOCATED GENERALLY NORTHWEST OF THE INTERSECTION OF EAST OAK STREET AND NORTH ROUSE AVENUE, EXCEPTING ALREADY ANNEXED AND ZONED PROPERTIES. 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 establish an initial zoning classification of B-2 (Community Business District) for approximately 8.99 acres of property has been properly submitted,reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and Page 1 of 5 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 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 July 20, 2015, 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 being Tracts 1, 2, and 3 of COS 2877 and a portion of the west half of the adjacent Rouse Avenue, located in the North West One Quarter of Section 6, Township 2 South, Range 6 East,Principle Meridian Montana, Gallatin County, Montana being more particularly described as follows: Beginning at the Center 1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, which is located upon the centerline of Rouse Avenue; thence North 89°09'51" West, 30.00 feet to the South East ROW corner of Tract 3 of COS 2877. thence North 89°09'51" West, 526.74 feet along the south line of Tract 3 of COS 2877 to a point. thence North 89°23'28" West, 475.70 feet along the south lines of Tracts 1, 2 and 3 of COS 2877 to a point. thence 73.81 feet along a curve to the left and along said Tract 1 of COS 2877 with a radius of 994.93 feet, a central angle of 4'15'02", and a chord that bears North 70°35'51" West, 73.79 feet to a point South West corner of Tract 1 of COS 2877. thence North 00°20'44" West, 546.64 feet to the intersection of the northwest corner of Tract 1 of C.O.S. 2877 and the South ROW of Interstate 90. thence 252.04 feet along a curve to the right and along said ROW and the North line of Tracts 1 and 2 of COS 2877 with a radius of 22795.00 feet, a central angle of 00°38'01 and a chord that bears South 69°05'44"East, 252.04 feet to a point. Page 2 of 5 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment thence South 68°45'43" East, 787.16 feet along said north boundary line of Tracts 2 and 3 of COS 2877 and said ROW to a point. thence South 36'18'53" East, 182.87 feet to a point that is the intersection of the corner of Tract 3 of COS 2877 and the ROW of Rouse Avenue. thence South 87°57'42" East, 30.00 feet to a point on the centerline of Rouse Avenue; thence along said centerline South 02'02'18" West, 61.50 feet to the point of beginning. Said area being 8.99 acres more or less, along with and subject to all easements of record or apparent on the ground. Said tracts containing an area of 8.99 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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 Page 3 of 5 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment 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." Effective Date. This ordinance shall be in fall force and effect thirty (30) days after adoption and upon annexation of any tract into the City. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 20th day of July, 2015. JEF K.VCRAUSS Mayor ATTB I S Y ME*, CAW C ty Page 4 of 5 Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment 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 3rd of August, 2015. The effective date of this ordinance is September, 3, 2015. J#E K. KRAUSS M�a o O J Aj, Ci APP OV TO FORM: GW SULLIV� City Attorney Page 5 of 5 CANNERY DISTRICT PHASES 1, 3, AND 4 ZONE MAP AMENDMENT PROPOSED ZONING B-2 on 8.99 Acres(PREVIOUSLY ZONED Gallatin County Bozeman Area M-1) A tract of land being Tract 1,2,and 3 of COS 2877 and a portion of the west half of the adjacent Rouse Avenue EXHIBIT A Located in the North West One Quarter of Section 6,Township 2 South,Range 6 East,Principle Meridian Montana,Gallatin County,Montana CANNERY DISTRICT PHASES 1,3 AND 4 ZONE MAP AMENDMENT PROPOSED ZONING 8-2 A Most of lend being Treats 1,2,and 3 of COS 2877 and a Portion of the west halt of the adjacent Roue.A—a.,located in the North West On.Ouarlor of Section 6,Township 2 South, Range 6 East,Principle Mardi-Manton..Gallatin C...ty. Montana being more particularly described as follow,. FND YPC NOGaVW"W MR' Beginning of the Center 1/4 of Section 6.Township 2 South, FROM 1RUE CORNER Range 6 East,P.M.M.,Cllletin County,Montana,which is ,.a—.. located upon the eenterllne of Rouse Avenue; rR,—.1cr av lcm-azw "thence North 89'09'51.Want.30.00 foot to the South East ROW corner of Treat 3 of COS 2877. •then c.North 69'09'51-West,526.74 feat along the south lino of Tract 3 of COS 2877 to a point, '�0 •chance North 69'23'28"West,475.70 feet along the south 9N linen of Tracts 1,2 Ind 3 of COS 2877 to a point. '9 D then..,73.81 feat along a—Na to the Taft and along said �'OqR Tract 7 of COS 2877 with aradi,a of 994.93 feet,a T'yE�y ...trot angla of 415'02-,and I chard that boar.North SDB� T OF 70'35'51-West,73.79 feet to a point South West corner of ExistingSaJ• p� T Treat 1 of cos 2877. Bp RgN3'p0 thence North 00'20'44-West,546.64 feet to the Zoning g2ng RTQZIpN 2877a and the sa.tnROW off Interstate 90,.t 1 or C.O.S. M2 -Ih.nca 252.04 foci(long a curve to the right Ind along avid ROW and the North lino of Treaty 1 and 2 of COS a �RiST9rE 2877 with a radius of 22795.00 Fact,a control angle of 00'38'01",and a chard that bears South 69'05' "East, 2524 fast dv�yyM1tpg5�0 xfC AP theme Sou tht 68'45'43t'East.787.16 feet 11-9 said north M 9pJ ROWdary line[f Tract.2 and 3 of COS 2877 and said a pain 8 thenceo South 36'18'53"East,182.87 foal to a point that is TRACT 1 o cne•tnree.III,of the tamer of Treat 3 of cos 2877 Ind © the ROW of Ra...Avonud. COS M77 m •thence South 87'57'42'East,30.00 feat to a point on the ° centerline of Rouse Avenue; ZONE MAP AMENDMENT a then., long said tarlins South 02'02'18-West,61,50 feet to the point of beginning. PROPOSED ZONING 13-2 k8.99 Acres) a, o Sold Ira being o3.99 der or along with and p subject to all va..m on to of record or apparent on the 9raund. Previously Zoned:Gallatin County Eozemev\rea h9-I °z a I TRACT 2 TRACTS —11-A— Acrvv cos zen a"-""'^ ms zanrMi��I F wN%°7yyp" od D COS enrr- CERTIFICATE OF SURVEYOR Ana° I,the undersigned,John R.Pugh,Registered Land Surveyor, x Galla'In COUnTy v do hardly certify that I.urvoyed the same vn shown on the BoZCman Area e -.yy,v w Existing .—mponying drawing and os d—reed in Ice.dare.with 0-Awe the provisionv of the Mart...Subdivision and Platting Act, ZDn1rIg M-I Within ROW Zoning Section 76-3-101 through 76-3-625,MCA,and the City, Ton Iaawaad 13—n n and Gallatin County Subdivision Regulations. of wmm zero chance � M-1 a ¢ aA DATED this-_day of A.D.,2015. ' N89'23'2B"W 479.>0' Existing ° CDB Tmve NB'09'S1-W 526.71V ' £ Fm2DOPgBBD a,m,..s,:iw mmnn t 1 p ° _ ®m®®®®•' Jlohn R.Pugh Zonis PLI ®bvs C05 PPO! qo ,1 R ,Cp°59t ap D'SI-w •c e/a yP g p991 9 gt t a1 pet 8918 NejeDD' oat M Existing Re91.trotian No.15626LS L nyr 92 4 1 t�9 d�dpWc9 dro fed COS 51 tYEse POdp1°N 1 r 0 Tad 6 Point oa Zoning a e ya awe $al pa ° o M-2 COS C-41-C 2 prd g p°t E Isting Zoning B-2 pads ¢B O 0a Existing Zoning B- ®Exi_tinc om [ �a®� g 6 at° , I® $ 6 ¢ (fa LO ing E Cattn Cp , 9D s9° n yr ErmL TR.e99tp S M 1 H P 8 eAs9 F STATE PLANE GRID NORTH NTE CTIO AM C 7 IRNATIONALF1T F PROJECTION AM L NORTH i.ARTUDE:45--35'-28.99813- WEST III III Ill'-11'-63.20992- NFL E-JPSOID HP.4928.66 sit. PAW OF SURVEY:04-23-2014 Yu1lT tN INC Nc I wsS C.. PURPOSE aF SURVEY:T.cranes Zamn9 ream cauadn ca„my aa:.man Araa M-1 m ell 1 4 Sec. T R ZONE MAP AMENDMENT Pmmaamnal Enamaa,a s S—w.,a Jctetlty- (BOZ O FROM TAN CORS STATION y sl 9oivman a-2 NOTE 1HI5 DRAWING IS INTENCfD .lave.nva,vwu 1, OWNER OF RECORD: Cannery Dlvt6.1 PvrIn—,LLC (BozEMAN,MONiANA) m scow aNLr THE APnaosIMATE ® e 2s eE CANNERY DISTRICT ma., ne o ° 1'"° SPAHLY CATION OF THE PROPOSED Fv. (°Do15n-vu. >n.n fa�u W-save ® MERIDIAN CONVERGENCE ANGLE-(-)01'-14'-32" ZONING CHANCE AND DOES NOT ® PHASES t,3,AND 4 Pr,„iama4-aa:. a(°. Z1-soar qua A REPRESENT A RECORD BOUNDARY CADD: .IRP vvnvr a SURVEY. ® COUNTY:GALATIN CHECHED:JRP ATE: 1* I-2o1s 1�CFa1 PRINCIPAL MERIDIAN,MONTANA D