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HomeMy WebLinkAboutOrdinance 06- 1674 ZMA (2) ORDINANCE NO. 1674 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM "BP" (BUSINESS PARK DISTIRCT) TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 28.36::1: ACRES SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF WEST MAIN STREET, SOUTH SIDE OF WEST COLLEGE STREET, AND NORTH SIDE OF WEST GARFIELD STREET. WHEREAS, the proposed zone map amendment from "BP" (Business Park District) to "B-2", (Community Business District) on 28.36:t acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on January 18, 2006 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no members of the general public spoke in favor of or, in opposition to, the proposed zone map amendment to a "B-2" zoning designation on said lands; and WHEREAS, the City of Bozeman Zoning Commission found that the request for a zone map amendment from a "BP" (Business Park District) to "B-2", (Community Business District) zoning designation would comply with the twelve (12) criteria established in Title 76-2-304, MeA; and WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman City Commission that the zone map amendment be approved as "B-2" (Community Business District) on said 28.36 acres, passed on a vote of 3-0; and WHEREAS, after proper notice, a public hearing was set before the City Commission on February 6, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission opened and held its public hearing on February 6, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no members of the general public spoke in opposition to the proposed "B-2" zoning designation for said zone map amendment; and WHEREAS, the City Commission, finding there was no public testimony elected to waive its Rules of Procedure to postpone its decision on week and make a decision on said matter; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and WHEREAS, the City Commission found that a "B-2", (Community Business District) zoning designation for the proposed zone map amendment would be in compliance with the City of Bozeman adopted growth policy and would be in the public interest; and 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 "BP" (Business Park District) to "B-2", (Community Business District). A tract of land being a portion of Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A located in the Northeast One-Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Commencing at the center quarter corner of said Section 4; thence westerly 2690 18' 14", assumed azimuth from north, 802.71 feet along the north line of the Southwest Quarter of said Section 4; thence southerly 1800 00'00" azimuth 274.64 feet to the point of beginning of said portion of Lot 1 to be described; thence continuing southerly 1800 00' 00" azimuth 438.72' feet; thence westerly 270000' 00" azimuth 360.00 feet; thence northerly 000000' 00" azimuth 438.72 feet; thence easterly 0900 00' 00" azimuth 360.00 feet to the point of beginning. Said Tract of land being 28.36 acres more or less along with and subject to any and all existing easements of record or of fact Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PROVISIONALL Y PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the 9th day of October, 2006 FINALL Y 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 -'-'- jay of ~ :;'"2006. ATTEST: ~... -.~ ,~~ ~- BRIT FONTENOE--- " City Clerk ~{~l~ or PAULJ. LUWE City Attorney ,:;,-. .,- ~......... . =-- -: ... ~,._..,...":,: ~... ,. .. '"