HomeMy WebLinkAboutOrdinance 15- 1903 Amending the Zoning Map change from Neighborhood Business District to the Residential Office at S Cottonwood Road soz�
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ORDINANCE NO. 1903
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
FROM THE NEIGHBORHOOD BUSINESS DISTRICT TO THE RESIDENTIAL
OFFICE DISTRICT ON .89 ACRES AT 86 S COTTONWOOD ROAD.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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 to amend the City of Bozeman Zone
Map to amend the existing designation of"B-1" (Neighborhood Business Park District) to "RO"
(Residential Office District) on .89 acres has been properly submitted, reviewed and advertised;
and
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 21,
2014, to receive and review all written and oral testimony on the request for a zone map
amendment; and
Page 1 of 5
Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment
WHEREAS, the Bozeman "Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 10, 2014, to receive and review all written and oral testimony on the request for a
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment would be in compliance with the criteria; and
WHEREAS, a new metes and bounds description of the areas to be zoned as B-1 and RO
to reflect the change in the zoning boundary between the two zoning districts has been provided.
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
"B1 (Neighborhood Business District):
That part of Lot 1, Minor Subdivision#340, and adjacent portions of West Babcock Street and
Cottonwood Road, located in the Southeast Quarter of Section 10, Township 2
South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as
follows:
Beginning at the northeast corner of Lot 1, Minor Subdivision#340; thence southerly
180°22'55", assumed azimuth from north, 298.13 feet along the east line of said Lot 1; thence
westerly 270 °22'55" azimuth, 333.92 feet to the centerline of Cottonwood Road; thence
northerly 000 °22'04" azimuth, 341.68 feet along the centerline of Cottonwood Road; thence
easterly 090 °08'01" azimuth, 334.00 feet along the centerline of West Babcock Street to the
northerly extension of the east line of said Lot 1; thence southerly 180 °22'55" azimuth, 45.00
feet along said extension to the Point of Beginning.
Area= 114,349 square feet, 2.6251 acres or 10,623.4 square meters.
Page 2 of 5
Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment
Section 2
That the zoning district designation of the following-described property is hereby designated as
"RO" (Residential Office District):
DESCRIPTION OF RO ZONING:
That part of Lot 1, Minor Subdivision 4340, and adjacent portions of Cottonwood Road, located
in the Southeast Quarter of Section 10, Township 2 South, Range 5 East of P.M.M., City of
Bozeman, Gallatin County, Montana, all described as follows:
Beginning at the southeast corner of Lot 1, Minor Subdivision#340; thence westerly 270°14'57",
assumed azimuth from north, 333.84 feet along the south line of said Lot and its westerly
extension to the centerline of Cottonwood Road; thence northerly 000 °22'04" azimuth, 316.70
feet along the centerline of Cottonwood Road; thence easterly 090 °22'55"azimuth, 333.92 feet to
the east line of said Lot 1; thence southerly 180 °22'55" azimuth, 315.93 feet along the east line
of said Lot 1 to the point of beginning.
Area= 105,610 square feet, 2.4245 acres or 9,811.6 square meters.
Section 3
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.
Section 4
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.
Paae 3 of 5
Ordinance No. 1903, The Cottonwood Corner Zone Map Amendment
Section 5
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 6
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."
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 5th day of January 2015.
JEFF USS
,a,�,�'' Ma or
ATTEST:` 4 ''
p t
STA N, CMC Q
City I • y13
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 261" of
January, 2015. The effective date of this ordinance is February, 26, 2015.
Page 4 of 5
Ordinance No. 1903, 'The Cottonwood Corner Zone Map Amendment
J F K. U S
a r
ATTEST:
4
STA - 1i 'CMC'
City 1k
APPR ED AS T FORM:
GREG LIVAN
City Atto ey
Page 5 of 5
COTTONWOOD CORNER
LOT 1, MINOR SUBDIVISION NO. 340
ZONE MAP AMENDMENT
LOCATED IN THE SE 114, SECTION 10, T. 2 S., R. 5 E, OF P.M.M., CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA
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10 FOUND BRASS1
CAP IN MONUMENT
334.DO 090'08'01' WEST BABCOCK STREET C'
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\POB B-1 ZONING
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G ` B-1 ZONING
114,349 Sq. Ft. n \G
to 2.6251 Acres in U��NG
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.92 270'22'55" min
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AREA TAE3ULP.TION
I Sq.Ft I Acre
LOT 1 168,124 3-8596
WEST BABCOCK 12,308 0.2825
COTTONWOOD 1 39,529 0.9075
1 219.9591 5.0496
LEGEND
APPROXIMATE FORMER ZONING BOUNOMY ZONING BOUNDARY
n
u.9: PROPERTY LINE
16
n N
R-0 ZONING R-0 FROM EXISTING
B-1 AREA
105,610 Sq. Ft.
2.4245 Acres g lv
POS R-0 ZONING
Seale In Feet
' 333.84 270`1457' 50 0 50
---�R139'4503-W]-
--— 15 0 15
Scale In Mefsrs
LEGAL DESCRIPTION
QfSCRIPTION OF B-1 7ONING.
That part of Lot 1, Minor Subdivision #340. and adjacent portions of West Babcock Street and Cottonwood Rood,located in the Southeast Quarter of Section 10. Township 2
South, Range 5 East of P.M.M.,City of Bozeman,Gallatin County, Montano,all described as follows:
Beginning at the northeast corner of Lot 1.Minor Subdivision #340; thence southerly 18922'55",assumed azimuth from north, 298.13 feel along the east line of said Lot 1;
thence westerly 270'22'55"azimuth, 333.92 feel to the centerline of Cottonwood Rood; thence northerly 000'22'04"azimuth,341.68 feet along the centerline of Cottonwood
Rood;thence easterly 090'08'01"ozlmulh, 334.00 feet along the centerline of West Babcock Street to the northerly extension of the east line of said Lot 1; thence southerly
180'22'55"azimuth, 45,00 feet along said extension to the Point of Beginning.
Area = 114,349 square feel. 2.6251 acres or 10.623.4 square meters- Subject to existing easements.
Sheet 1 of I DF6CRIPTION OF R-O 70NING.
DATE PREPARED 12/17/14 That part of Lot 1, Minor Subdivision #340. and adjacent portions of Cottonwood Rood, located In the Southeast Quarter of Section 10, Township 2 South, Range 5 Eostof
P.MA, City of Bozeman, Gallatin County, Montana, all described as follows:
C Beginn;ng at the southeast comer of Lot 1, Minor Subdivision#340; thence westerly270'14'57", assumed azimuth from north, 333.84 feel along the south line of said Lot 1
and its westerly extension to the centerline of Cottonwood Road; thence northerly 000'22'04"azimuth, 316.7C feet along the centerline of Cottonwood Road; thence easterly
090'22'55"azimuth, 333.92 feet to the east line of said Lot 1;thence southerly 180'2255'ozlmulh,315.93 feel along the east line of said Lot 1 to the point of beginning.
Ggv�eerig end G—virq Inc.
Towe pan.sd."..Mr asps Area = 105,610 square feel. 2.4245 acres or 9,811.6 square meters. Subject to existing easements.
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