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HomeMy WebLinkAboutOrdinance 02- 1556 Amends zoning map, Kagy & 3rd ------ ---- ---- - ORDINANCE NO. 1556 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "R-1" (RESIDENTIAL--SINGLE-HOUSEHOLD, LOW- DENSITY DISTRICT) TO "B-1" (NEIGHBORHOOD SERVICE DISTRICT) ON 4.97 ACRES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the zoning designation from "R-1", Residential--Single-household, Low-density District, to "B-1," Neighborhood Service District, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on January 8,2002, 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; and WHEREAS, after proper notice, the City Commission held its public hearing on January 14, 2002, to receive and review all written and oral testimony on the request for a zone map amendment, including a petition of opposition submitted by property owners in the vicinity of the proposed zone change; and WHEREAS, twelve (12) individuals from the general public spoke in opposition to the zone map amendment or expressed concern regarding appropriate land use patterns and balance of residential types; and WHEREAS, the public hearing was continued to the City Commission's next regularly scheduled meeting of January 22, 2002; and WHEREAS, six (6) individuals from the general public, and one individual purporting to represent various property owners in the vicinity of the proposed zone change, spoke in opposition to the zone map amendment or expressed concern regarding appropriate land use patterns and balance of residential types; 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, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on January 22, 2002, the City Commission, by a vote of 4 - 1, found that the proposed zone map amendment would be in compliance with the Bozeman 2020 Community Plan 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 amended from "R-1 ", Residential--Single-household, Low-density District, to "B-1" (Neighborhood Service District): A tract of land located in the southwest quarter of Section 18, Township 2 South, Range 6 East, PMM, Gallatin County, Montana, being a portion of Lot 3, Block 4 of the Rearrangement of Thompson's Addition NO.3 to the City of Bozeman, as filed with the Gallatin County Clerk and Recorder, and being further described as follows: Commencing at the northeast corner of said Lot 3, said corner being the true Point of Beginning; Thence South 00'49'00" East a distance of 76.04 feet; Thence South 59'39'50" West a distance of 896.51 feet to the easterly right of way line of South Third Avenue as described in Film 134 Page 3416 as filed with the Gallatin County Clerk and Recorder; Thence along the said right of way the following three courses, North 00'01 '00" West a distance of 138.13 feet to a tangent curve to the right; Thence along said curve a distance of 380.10 feet, said curve having a cord bearing North 15'07'46" East a distance of 375.69 feet, said curve having a radius of 718.94 feet, and a delta angle of 30'16'31 "; Thence North 30'16'31" East a distance of 21.51 feet to the southerly right of way line of Kagy Boulevard; Thence North 89'11'00" East a distance of 663.89 feet along the southerly right of way line of Kagy Boulevard and to the true Point of Beginning. Said tract of land containing 4.97 acres, more or less, along with and subject to any easements. - 2 - _. ..._n_...__.__."._...._...__.___...._.__ - --. . .-- --- -- --..-.-....- 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 th day of February 2002. ATTEST: sTdR~6>>=~ OJ:- :f ~ ROBIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a special session thereof held on the 4th day of March 2002. ATTEST: STEd~K~~ ~~~ Clerk of the Commission APPROVED AS TO FORM: - 3- ..-.--..--- 1 ~ CHRIST THE KING LUTHERAN CHURCH ZONE MAP AMENDMENT, EXHIBIT 'A' BEING A PORTION OF LOT 3, BLOCK 4, OF THE REARRANGEMENT OF THOMPSON'S ADD1TION NO. 3 TO THE CITY OF BOZEMAN, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., GALATIN COUNTY, MONTANA KAGY BLVD. ~ ,- .- . -..-'. -.~-- ,_____ ____ "." __.. ~ _. ..~ __ ~ M __ .. -en L.n """ """ N89.11IOQ"E (.I) 663.89' 0 -.Jq N30"16'31 "E 0') .J:>. . I.D o ~ 21.511 .J:>. 0 ~o rrI P / 0 LOT 3 BLOCK 4 The Rearrangemenf of ~,' Thompson's Addifion No. 3 4.97 oc "'<;. ~ . , ~ a - ~... 0) Q;; '" . Iv) B-1 ZONING s;; 00 11 ~.'t') _ c f.,.,.4. " ,,~ ;:t::' ~ 1/ ,~\) .~~ ' r t-..,..... Q:: s~~ 'O~ro~\ ~ C)' V): v' GRAPHIC SCALE 100 ~ 50 100 ~-- I I z ( IN FEET) 0 -"' 0 1 inch = 100 ft. <.M . ~~ ~ ~ci c4fJ MORRISON -.. """"'" -- ~O MAIERLE,INc. ..-.. -,~ NORTH A>o.......~_DPt<.,...... ~.Il..."IJ.II-...,......-..__Jlm , .....~:!IP...r.1I ,...j";'_'"-'I11II 45' PROJECT NO; 3377,001 20NEMAP DWG FIELD WORK:- OA1E: 01/30/02 G.I'llA11N COlNTY DRAWN BY: MCW SCALE: 1 "-I 00' PRINCIPAL MERIDIAN, MONTANA CHECKE:D BY: RGL CLIENT: SH[ET ~ OF--.!...-