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Home My WebLink About18- Ordinance 2016 Maple Terrace Zone Map Amendment o � ORDINANCE NO. 2016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 2 LOTS AND THE ADJOINING PART OF WEST DURSTON STREET TOTALING APPROXIMATELY 0.81 ACRES FROM R-1 RESIDENTIAL LOW DENSITY TO R-O RESIDENTIAL OFFICE, KNOWN AS THE MAPLE TERRACE ZONE MAP AMENDMENT. 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, M.C.A. 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, M.C.A..; and WHEREAS,Chapter 3 8,Division 260,Part 2 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 rezone 2 lots totaling approximately 0.81 acres from R-1 Residential Low Density to R-O Page 1 of 5 Ordinance 2016, the Maple Terrace Zone Hap Amendment Residential Office has been properly submitted,reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 17, 2018, 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 requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 20, 2018, 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., all public comments, and all other relevant facts and materials 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 I That the zoning district designation of the following-described property is hereby designated as R-O, Residential Office: A TRACT OF LAND BEING LOT 25 &LOT 26 OF BLOCK A, MAPLE TERRACE SUBDIVISION AND A PORTION OF THE ADJOINING DURSTON ROAD RIGHT-OF-WAY,LOCATED IN THE SWl/4 , SECTION 1,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA,AND BEING FURTHER DESCRIBED AS FOLLOWS: Page 2 of 5 Ordinance 2016, the Alaple Terrace Zone Hap Amendment BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25; THENCE N89055'45"E ALONG THE SOUTH LINE OF LOTS 6 AND 7 OF SAID SUBDIVISION A DISTANCE OF 200.00 FEET MORE OR LESS TO THE WEST LINE OF LOT IA OF SAID SUBDIVISION; THENCE S00°00'00"E ALONG THE WEST LINE OF SAID LOT IA A DISTANCE OF 181.30 FEET MORE OR LESS TO THE CENTERLINE OF DURSTON ROAD; THENCE ALONG SAID CENTERLINE N86058'47"W A DISTANCE OF 200.28 FEET MORE OR LESS; THENCE N00°00'00"W ALONG THE EAST LINE OF LOT 24 OF SAID SUBDIVISION A DISTANCE OF 170.70 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.81 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY EXISTING EASEMENTS, WHETHER OF RECORD OR APPARENT ON THE GROUND. The described tract is as shown on the accompanying exhibit. 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. Page 3 of 5 Ordinance 2016, the Maple Terrace Zone Map Amendment 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." Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Page 4 of 5 Ordinance 2016, the Alaple Terrace Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 3rd day of December, 2018. L. NDRUS ay r $O ATTEST: `�:�0 &Inw ROBIN CROUGH G aa3 •�,5�. City Clerk tL9 TIN co•plc 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 171h day of December,2018. The effective date of this ordinance is Wednesday, J uary 16, 2019. L. AND ayor Bo ATTEST: 1^ U. ;< = ROBIN CROUGH •, ""18a3 ♦.'.tip', City Clerk 9 L•• • . . • ' �a � ` TIN co•�' APPR VED AS O FORM: i i LIVAN City Attorney Page 5 of 5 2018 MAPLE TERRACE ZONE MAP AMENDMENT BEING LOTS 25&26 OF BLOCK A,MAPLE TERRACE SUBDIVISION AND A PORTION OF THE ADJOINING DURSTON RIGHT-OF-WAY LOCATED IN THE SW 1/4 SECTION 1,TOWNSHIP 2 SOUTH,RANGE 5 EAST, PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA R 0 R-1 R-i LOTss LET I LOTA AUPLETERu[f SUepMSION WILLTERRAC[A—RGN NAPLETERUGESUBOMSION N99.5T1 F POINT OF BEGINNING 0 10 aO eD SCALE:E INCH-20 FEET p 0A5P E'FGNNG,c00'El. [xutt PROPOSED R-� PROPOSED R-0 R-0 R LEGAL OESCRIPTIOx FOR 101E-111 ERRACE ZONE MAP AMENOMFNT OT 1A Lo-0 a b of ptaE A.MAPLE TERR.cE suppms;pN AxD A eoano+oii,�'iE<u�olwuo ou�iox wDAD pwxr.oiwnr,Lpurm;N mEswllx,sErnpx WPtE TERR .UBOINSION £ oOK� OM LOTt2E MAPLETfquECsueOMSION G—IR 350UTH.RAxGE 4Fd.T,PRINCIPAL M[WMAN.GALGTN EOUNTY.N.OMANA,ANp o>.�a1 BEING NRTHE0.OESCRiBFD AS fOLLOwS: si ATmE NDpmwfn coRNER pF wp LDrxs;mExcE NBR•sT<sr upxc mE sour NE WESTO LE—F lOAT IA.,MAIpD sUU11-14;ATHBIERCAEN CmE OFmW600A NG THREE WORSiE EUNET OOFm BME D 4DSNCEOF 18LJp FEET H WPE OR lEii I-Cl El IG IJNE OF WRE N ROAD: ENCE ALONG SAID ENTEWNE NBA'eB'9JW A DISTnNCf Oi xpp.xE FEET MOgE OR LESS: THE NCEN00'ODOOWALONGTHEEASTIA aFLOT xn OF GIDSUBBIMSIOxA pISTANC[OF 17—FEETWHE OR LESSTOTHE PONE OF BEGINNING. ;Mp TPACi CONiAlwp.ei ACRES.MORE OR AND Is sOBIECTTO ANr[%IsTlxc GiFMCNi:, R/w wnEmER rn RECORD DR APPARENT ON THE G E-Wuxp. CERTIFICATE OF SURVEYOR R/W 1.Ryan J.pva.P,olamvv.lt.�a sw.,ryor,mnamb,aartW marl Pratlacva myla¢al �'—'�"—'�— euHpHvn,rlrmm nemn.iunAemnm,tNvpeanaq eM elnanm abmm bmmn are '-----C/L Rrvawt nr. ma xaant ma RMc xGH H1, m NBb'.4ry/jp,jy �——�'—'—-}----C/L__ calve mH_eav ors xpte. DURSTON ROADa t,a„aa Na„E w LOT Q R 2 R A LOT t cuf5 tiT RURR OLR b � e GRAis 15i RGRR OLK e z ^ 2018 MAPLE TERRACE ZONE MAP AMENDMENT �=IRAID N AT TRUE NORTH' ou"" " STER LEGAULDrsx,um:, RAaua.pwc SURVEYING,LLC DArc:ocTpowxR,mlo upar`Dn