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Home My WebLink About20- Ordinance 2066 Amending Zone Map to R-O at 1811 W Koch Street App 20102 DocuSign Envelope ID: F262F85C-D87F-4B40-A7B7-5858B799238D co ro ORDINANCE 2066 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND 0.69 ACRES FROM R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, TO R-O, RESIDENTIAL-OFFICE DISTRICT, 1811 W. KOCH STREET ZONE MAP AMENDMENT,APPLICATION 20102. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 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 application to amend the City of Bozeman Zoning Map to amend the zoning classification from R-3,(Residential Medium Density) to R-O (Residential Office) for 0.69 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 26, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and Page 1 of 4 DocuSign Envelope ID:F262F85C-D87F-4B40-A7B7-5858B799238D Ordinance 2066, 1811 W.Koch St.Zone Map Amendment WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20102, the 1811 W. Koch Street Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 10, 2020, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS,the City Commission has reviewed and considered the 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 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 amended from R-3, Residential Medium Density, to R-O, Residential-Office: An area of land comprised described as follows: Lot 7, Le Clair Subdivision, SW '/4 of Section 12 and SE '/4 of Section 11, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and the adjacent right of way for S. 19th Avenue and Koch Street to the centerline of the respective streets. Area 0.69 Acres. 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. Page 2 of 4 DocuSign Envelope ID:F262F85C-D87F-4B40-A7B7-5858B799238D Ordinance 2066, 1811 W.Koch St.Zone Map Amendment 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." Section 6 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 1 st day of December, 2020. a '9""by: C1116614E6... CYNTHIA L. ANDRUS Mayor Page 3 of 4 DocuSign Envelope ID:F262F85C-D87F-4B40-A7B7-5858B799238D Ordinance 2066, 1811 W.Koch St.Zone Map Amendment ATTEST: DocuSigned by: DocuSigned by: F� Ms Iti U, City Clerk 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 15th of December, 2020. The effective date of this ordinance is January 14, 2021. DocuSigned by: 1iBE6ANDRUS Mayor ATTEST: DocuSigned by: d 802f DocuSigned by: V 2 MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: 'ETVAN City Attorney Page 4 of 4 DocuSign Envelope ID: F262F85C-D87F-4B40-A7B7-5858B799238D 1811 WEST KOCH STREET ZONE MAP AMENDMENT ZONING R-O(PREVIOUSLY ZONED R-3) A TRACT OF LAND BEING LOT 7 OF A PLAT OF THE LE CLAIR SUBDIVISION,& PORTIONS OF SOUTH 19TH AVENUE&KOCH STREET LOCATED IN THE SW 1/4 OF SECTION 12&SE 1/4 SECTION 11,T2S, R5E,PMM, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA AREA:0.69 ACRES ZONPZONN NGR-3 =N3j 13 LOT 4 LESS19T H R�B_DIVISION S(B-DIVI5ION5 KIRK KIRK cc 6)UB R-3 SUB12 SS 19TH R DIVISIONOT 5 DIVISION U1 KIRK (F_1) LKIRK S�g_1) ZONING R-3 ZONING R-3 OT 6 SUB. LOT 11 SUB. LOT DIVISION LOT 6 LESS 19TH Raw �1 IF SUB. LE CLAIR KIRK SUB-1 KIRK SUB�DEj15I0N OF S. 19TH AVE ZONING R-3 ZONING R-3 (F— ) (F PER DOC. 2294610 ZONING R-3 BLOCK 2 ZONING R-3 N89°05'37"E 43.34' 101.77' LOT 10 q LESS 19TH R POINT OF KIRKS(B=DIVISION S�B_DIVISION BEGINNING L KIRK 1 0 ZONING R-3 ZONING R-3 LOT 7 LESS aoo LOT g LOT 10 R N 19TH AVE R/W LE CLAIR 6 SUB. LE CLAIR SUB. LE C(J I76)SUB. o��la KOCH ZMA BOUNDARY— VACATEDo (J_76) �Z�SIO L R &ESS 1DIVI5RON CALCULATED 3011SFAREACn EO NEW R-0 AREA ZONING R-3 ZONING R-3 ZONING R-3 ov 0� 9 S1}8� 1� KIRK SUB z S ZONING R-3 ZONING R-3 L\ 0 KOCH STREET DEED TO STATE o KOCH STREET (RECORD WIDTH 60') OF MONDOCTANA PER2294610 _ S89°06'55"W 144.44' M (RECORD WIDTH 60') W U� w Q OF KOCH STREET LOT 16—A S 19TH RIW x > KIRK LES KIRK F = ,MENDED LOT 1_A NDED F A SUB— TRACT 6 (F-1—A) SUB DIVISION ( _1 COS 386B x ZONING R-3 ZONING R-3 F � ZONING R-0 BLOCK 3 O o w � � AMER MENDED KIRK AMENDED SUB KIRK DIVISION LOT 2—A(F-1—A) SUB—DIVISION (F-1—A) ZONING R-3 ZONING R-3 N SURVEYOR CERTIFICATE I, Steven C. Anderson, do hereby certify that this exhibit is based on record dimensions, and that the information shown hereon is true and correct to the best of my 0 100' knowledge. No field measurements were taken. Dated this -- day of -------------, 20-- S C A L E BASIS OF BEARING: PLAT OF LE CLAIR SUBDIVISION (J-76) Steven C. Anderson, PLS Montana License No. 12251 LS THIS EXHIBIT SHOULD BE CONSIDERED PRELIMINARY & SHOULD NOT BE RECORDED UNLESS SIGNED AND SEALED DRAWN BY: BST QUALITY CHECK: TD& DATE: 11/13/20 FB: Engineering JOB NO. B20.009 CAD NO. 20009ZMAX2.dwg Whengineenng— LAYOUT: 8.5x11