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HomeMy WebLinkAboutOrdinance 04- 1623 Amends zone map, Loterbauer ORDINANCE NO. 1623 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R.3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 0.275::1: ACRES SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF WEST BABCOCK STREET AND EAST SIDE OF FOWLER AVENUE. WHEREAS, the proposed zone map amendment to establish an initial zoning designation of "R-3", (Residential Medium Density District) on 0.275::1: acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 2, 2002, 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 or, in opposition to, the proposed "R-3" zoning designation on said lands; and WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman City Commission that the zone map amendment be approved as "R-3" (Residential Medium Density District) passed on a vote of 3-0; and WHEREAS, after proper notice, a public hearing was set before the City Commission on September 3, 2002, 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 September 3, 2002, 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 "R-3" 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 one 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 "R-3" , (Residential Medium Density District) zoning designation for the proposed zone map amendment would be in compliance with the Bozeman 2020 Community Plan and would be in the public interest upon annexation of the sUbject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 3750, adopted on the 22nd day of November 2004. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation on the following-described property is hereby initially established as "R-3" (Residential Medium Density District): -----...-...--.--- Tract 1 of the Van Horn Subdivision lying in the Northwest Corner of the West ~, West ~ of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, and being 0.275::1: acres more or less along with and subject to any and all existing easements. 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 Boze an, Montana on first reading at a regular session thereof held on the 22nd day of November 200 . ATTEST: (j~J~ ROBIN L. SULLlV A Clerk of the Commission PASSED, ADOPTED AND APPROVED by the Ci Commission of the City of Bozeman, Montana, on second reading at a regular session thereof eld the 6th day of December 2004. .--- AN RO, Mayor ATTEST: ~J~ R N L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: .., I ~ju... TIMOTHY A. OPI2R Acting City Attorney - 2 - LOTERBAUER ZONE MAP AMENDMENT v AN HORN SUBDIVISION TRACT 1 IN I NW COR OF W1I2 WI/2 SEC 11 T2S RSE P.M.M. GALLATIN COUNTY, MONTANA b ~ WEST BABCOCK STREET ,.., It:: mmm.m.mmmmmlm ........~........... mm] 100.52' \MT a.MI oem DOC I2085J28 ~' WIDE PUBUC STREEr JljD ImLJIY (ASOIENT PER DOC 1 ! 2010112 , -- 1 f i , I )"c~ I " ~<? ~'\ 0~)V , "0 '\~t' ":i ~ ! 0 ~c~ Iii , I :!: ..J.~ \ , LDTCP3AUCP ; !\N HCXA TIO\! I Q_2"}~) ACRES I Fr,OPOSEO I SITE AREA ZCH\\NG R~3 ! ; I ! , fR ,:~.._C'T .A-y~, , , i I % I I ! 0 <C 0 ct: I ct: W ..-J 3: ~, 0 l.1... I 0 30 60 120 I I I