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Home My WebLink About16- Ordinance 1956 Amending City Zone Map for 1905 West College Street Gi 9� 00. ORDINANCE NO. 1956 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF LAND ENCOMPASSING 0.916 ACRES LOCATED AT 1905 W. COLLEGE STREET. 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, Mont. Code Ann. 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 change the zoning from R-4 (Residential High Density District) to R-O (Residential-Office)) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held public hearings on June 7th, 2016,to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, on June 7th, 2016, the Bozeman Zoning Commission voted 4:0 to recommended that the zone map amendment be approved as recommended by the Community Development Department as provided for in the staff report; and WHEREAS,after proper notice,the City Commission held its public hearing on June 271h, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and Ordinance No. 1956, 1905 Yh College Sheet Zone Hap Amendment WHEREAS, the City Commission has reviewed and considered the eleven zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the eleven criteria; and WHEREAS, at its public hearing held on June 271h, 2016 the City Commission found that the proposed zone map amendment would 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 1 That the zoning district designation of the following-described property is hereby designated as " R-O (Residential-Office) and all boundaries between districts being draw as directed in Section 38.07.040,BMC: A tract of land situated in the MOUNTAIN VISTA SUB,S 11,T02 S,R05 E,Lot 1,LESS HWRW, City of Bozeman, Gallatin County, Montana;more particularly described as follows: LEGAL DESCRIPTION A tract of land being Tract 1 of Mountain Vista Subdivision less the Right of Way conveyed in Bargain and Sale Deed#2304826, located in the Southeast One-Quarter of Section 11, Township 2 South,Range 5 East,P.M.M. City of Bozeman, Gallatin County,Montana,more particularly described as follows: Beginning at the Northeast corner of said tract, a C&H Yellow Plastic Cap; thence S 01°25'19" W a distance of 147.93 feet to a C&H Yellow Plastic Cap; thence along a tangent curve concave to the West, a distance of 131.74 feet having a radius of 3 22 8.3 5 feet, a central angle of 02'20'17", a chord bearing of S 02035'28" W and a chord length of 131.74 feet to a C&H Yellow Plastic Cap;thence S 03°45'37" W a distance of 26.64 feet to a C&H Yellow Plastic Cap; thence S 46°03'17" W a distance of 14.59 feet to a C&H Yellow Plastic Cap; thence N 88°38'07" W a distance of 113.26 feet to a R.H. Center Yellow Plastic Cap; thence N 01°27'07" E a distance of 316.57 feet to a calculated point; thence S 88°39'36" E a distance of 127.12 feet,to the Point Of Beginning; containing 0.916 acres,more or less. Subject to all easements of record or apparent from a visual inspection of the property. See Exhibit A for a graphical depiction of the boundary. Page 2 of 4 Ordinance No. 1956, 1905 W College Street Zone Map Amendment 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"Zoning Map Amendments." Section 6 Effective Date. Page 3 of 4 Ordinance No. 1956, 1905 W College Street Zone Map Amendment 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, at a regular session thereof held on the 15th day of August, 2016. CARSON TAYLOR Mayor ATTEST: S a - fti ° r l ■ ,k ROBIN-C' OYjGH City Clerk L FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading,at a regular session thereof held on the 12th day of September,2016. The effective date of this ordinance is October 12th,2016. CARSON TAYLOR Mayor ATTEST: 0 . 1 P ROB CR' City Clerk _ 1 I8,83 a = APPROVED AS TO FORM: G SULLIVAN City Attorney Page 4 of 4 1905 W. College St. Zone Map Amendment A tract of land being Tract 1 of Mountain Vista Subdivision less the Right of Way conveyed in Bargain and Sale Deed#2304826,located in the Southeast One-Quarter of Section 11,Township 2 South,Range 5 East,P.M.M. City of Bozeman,Gallatin County,Montana,more particularly described as follows: Beginning at the Northeast comer of said tract,a C&H Yellow Plastic Cap; thence S 01°25'19"W a distance of 147.93 feet to a C&H Yellow Plastic Cap; thence along a tangent curve concave to the West,a distance of 131.74 feet having a radius of 3228.35 feet,a central angle of 02"20'17",a chord bearing of S 02"35'28"W and a chord length of 131.74 feet to a C&H Yellow Plastic Cap; thence S 03°45'37"W a distance of 26.64 feet to a C&H Yellow Plastic Cap; thence S 46"03'17"W a distance of 14.59 feet to a C&H Yellow Plastic Cap; thence N 88°38'07"W a distance of 113.26 feet to a R.H.Center Yellow Plastic Cap; thence N 01"27'07"E a distance of 316.57 feet to a calculated point; thence S 88"39'36"E a distance of 127.12 feet,to the Point Of Begining; containing 0.916 acres,more or less. Subject to all easements of record or apparent from a visual inspection of the property. CT 1A 11ER#EN s'� I PO1 JfR MeN15 UN �� I P.O.B. RA S1 G� S1'� —JNVE — — I#vk 127.12' S 88°39'36"E 3 m (N 8 � Q tc. s O W 1R)lc Eft�i,S, rn Q Pgt'AN F X w � r rq o CO V N TRACT 1 _ Cl) 0 0.916 Acres Z 39917 SQ.FT L:131.74' R:3228.35' A:2°20'17" PA �Bp��s, S tNA F S 03°45'37"W 26.64' S 46"03'17"W N 88-38'07"W 14.5 113.26' \ FARMERS CANAL COLLEGE ST. VICINITY MAP NOT TO SCALE Site Information �I Property Address: LEGEND 1905 W.College St — Property Boundary Line N Current Zoning: Adjoining Lot Line R-4 Zoning 0 Calculated Position I — = Existing R-4 Zoning Proposed Zoning: Proposed R-O Zoning PROJECT LOCATION R-O Zoning P.O.B. Point Of Begining BASIS OF BEARING DRAWN BY: Me A_ sNiOreP wassb�lo-re, 50 N 00°46'21"W I DATE: 0in5rzois I H L P I N E V.-Van,MT s9»a AlongiheWesterlyLineof PROJECT NO. 160-07 5URVEYINGrz 5865599Off— Swler=50' Section 12 per COS 2583 FILENAME: ZONE MAP AMENDMENT 586.4490Fax