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HomeMy WebLinkAboutOrdinance 08- 1749 Amend City Zoning MapORDINANCE NO. 1749 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND THE CITY OF BOZEMAN ZONING MAP AND CHANGE THE EXISTING ZONING DESIGNATION OF R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-O (RESIDENTIAL OFFICE DISTRICT) FOR 3.214 ACRES LOCATED AT 1005 WEST DURSTON ROAD. THE PROPERTY IS LEGALLY DESCRIBED AS THE FOLLOWING: FROM THE SOUTH '/4 OF SECTION 1, T2S, RSE, PMM, THENCE N89'18'12"E AT A DISTANCE OF 213.53' TO A POINT ON THE CENTERLINE OF DURSTON ROAD WHICH IS THE POINT OF BEGINNING. THENCE N01'21'37:W AT A DISTANCE OF 520.67'. THENCE N88'38'23"E AT A DISTANCE OF 268.00'. THENCE S01'21'37"E AT A DISTANCE OF 524.18' TO A POINT ON THE CENTERLINE OF DURSTON ROAD. THENCE ALONG SAID CENTERLINE S89'22'23"W AT A DISTANCE OF 268.02' TO THE POINT OF BEGINNING. WHEREAS, the proposed zone map amendment to change municipal zoning designation of R-3 (Residential Medium Density District) to R-O (Residential Office District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Cammission held a public hearing on Wednesday, June 3, 2008 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 Cammission that the zone map amendment be approved with a designation of R-O (Residential Office District); and WHEREAS, after proper notice, the City Cammission held its public hearing on June 9, 2008, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Cammission 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 to change municipal zoning designation of R-3 (Residential Medium Density District) to R-O (Residential Office District), with contingencies, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on June 9, 2008, the City Commission found that the proposed zone map amendment would be in compliance with the 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 District): From the South '/4 of Section 1, T2S, RSE, PMM, thence N89'18'12"E at a distance of 213.53' to a point on the centerline of Durston Road which is the Point of Beginning. Thence NO1'21'37:W at a distance of 520.67'. Thence N88'38'23"E at a distance of 268.00'. Thence SO1'21'37"E at a distance of 524.18' to a point on the centerline of Durston Road. Thence along said centerline 589'22'23"W at a distance of 268.02' to the Point of Beginning. The above described tract contains 3.214 acres. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 11 `~' day of August 2008. i REN JACOBS Mayor -2- ATTEST: ST CY EN City Clerk APPROVED AS TO FORM: a TIM COOPER Assistant City Attorney PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 25`t' day of August 2008. KAAREN JAC SON Mayor ATTEST: S AC U MrN City Cler APPROVED AS TO FORM: ~~ to-~ TIM COOPER Assistant City Attorney -3- 1005 WEST DURSTON ZONE MAP AMENDMENT LOCATED IN THE SOUTHWEST a OF THE SOUTHEAST a OF SECTION I, TOWNSHII' 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURPOSE OF SURVEY: TO AMEND THE ZONING DESIGNATION FROM R-3 (RESIDENTIAL MEDIUM DENSTCY DISTRICT1 TOR-O [RESHIENTIAL OFFICE DISTRICT) LEGEND AIfENJFD 2LY1+M1L^ 80UNfW1Y .sFCrmrv +.we i1 = v. ca~avca 645+5 aF 8&WlAI; = flaRTH RfGliT GF WAY OF W' r5'TQ'! RLMO srcrrcw ur+c _ _ 0 sxarxtc scale 4a n zo w - ~ ~~ ~ -.,~;,~ f. _~ ~. ~~.~ _ ~~ . _ a4J7 , sJlti vrcrn+rrr ,uAP oF,. ~~ a s.~.u~ { Ant E. YOen W WrvW+q M rarely QTY Nn[ 6b irm~wtw tlw.n YGZS wf Artaim '- - Yqa - - _- nepywcr .mn me ary m aurnar. u ~ lw,ebpnrrt L1K V,or d]EO ell' M AR Awwi E. XiMn rams (m rest ] l inch - 40 R LEGAL DESCRlPTI~JN -AMENDED ZONING TRACT A lrac£ o£ land located in the Sou£fiwesi ]/4 of the Southeast 7/4 of Section t, Township 2 South, konge 5 East, P.M.M., Gallatin County, MT. Thence more thcraugfily described as: Fram the South ]/4 corner of Secticn 1, 125, 175E PMM, thence N89'+8'12 E at o distance of 213.53' to a point on the centerline o£ Durston Raad which is the Po;nf c£ Beginning. thence N0+'21'3T~5' a[ a distance c( 52G,6T Thence N88'3823 E at a dis£artce a! 268.00'. thence 50 i'21'37 E at a distance of 524.18' to a poirt£ on the certter£rne a( Gurs£ort Road. Tnence along said centerline S89'2223'W o£ a distance of 268.02' to the Point o/ Beginning. the above descnbed track contains 3.1 ]4 acres more or +ess. IiI f~ a €~ s~ ~~ ( _ ss l~_ a k Ci ~~ ~E~ ~~~ Y C~~ ~~e 33~ z° R F+~! ~ ~ ~ R~ [p ~& E-, ~~ C ~~~ o '~+ ~ ~ ~~~ W O w sn °o i moral i ':,