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Home My WebLink About16- Ordinance 1932 Amending City Zone Map for 3000 Stucky Road ORDINANCE NO. 1932 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZE MAN ZONE MAP FOR A TRACT OF LAND LOCATED AT 3000 STUCKY ROAD DESCRIBED AS WEST ONE-HALF(W1/2), NORTHEAST ONE-QUARTER (NE '/4), NORTHWEST ONE-QUARTER (NW Y) OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning neap pursuant to Sections 76-2-301 and 76-2-302,Mont. Code Ann.; and WHEREAS, Section 76-2-305, Mont. Code Ann. 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 WHE ;'AS, 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 i Map to establish initial zoning on 20.62 acres to R-4(Residential High Density District) has been properly submitted,reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 21, 2015, to receive and review all written and oral testimony on the request for a zone map amendment; 1 and WHEREAS, on July 21, 2015 the Bozeman Zoning Commission voted 1:2 to recommended that the zone map amendment be approved as recommended by the Community I s k 3 Ordinance No. 1932, Stucky Road Zone Map Amendment Development Department as provided for in the staff report for approval of 20.62 acres to R-4 (Residential High Density District); and WHEREAS, after proper notice,the City Commission held its public hearing on July 27, 2015, 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 eleven zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the eleven criteria; and WHEREAS, at its meeting held on July 27, 2015, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman's adopted 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-4" (Residential High Density District): An area of land being the West One-Half (W V2), Northeast One-Quarter (NE '/a), Northwest One-Quarter (NW V4) of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County,Montana, and further described as follows: Commencing at the EW-1/64 corner common to Sections 14 and 23, Township 2 South, Range 5 East, P.M.M., thence along the West line of the NE1/4NE1/4NW1/4 of said Section 23 S00°13'05"W a distance of 670.77 feet to the Northwest corner of Tract 3, C.O.S. 2725; thence along the West line of said Tract 3 S00°13'27"W a distance of 670.84 feet to a point on the North line of Tract 4, C.O.S. 2725; thence along the North line of said Tract 4 S89034'32"W a distance of 669.62 feet to the Southeast corner of Tract 2 of C.O.S. 1996 thence along the East line of C.O.S. 1996 N00°08'13"E a distance of 1337.80 feet to the W1/16 corner common to said Sections 14 and 23;thence along the South line of the SW1/4 of said Section 14 N89°15'10"E a distance of 671.64 feet to the Point of Beginning. Said tract containing in area 20.624 acres, along with and subject to any existing easements as described on the STUCKY ROAD Annexation Map. Page 2 of 4 Ordinance No. 1932, Stucky Road Zone Map Amendment Section 2 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 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were began 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. Section 4 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 1 Municipal Code as a whole. Section 5 5 9 Codification. This Ordinance shall not be codified but shall be kept by the City Cleric and entered into a I disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled"Zoning Map Amendments." Section 6 Effective Date. �) This ordinance shall be in full force and effect thirty(30)days after final adoption. Page 3 of 4 f Ordinance No. 1932, Stucky Road Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of February, 2016. jam_............._. CARSON TAYLOR Mayor ATTEST: 76' t"K STA EN;*C41C CityGlerrl� FINALLY'ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 22❑d day of February, 2016. The effective date of this ordinance is March 23, 2016. CARSON TAYLOR Mayor ATTEST: ST,�CY: LMEN9 CMC Cily'�ler APPROVED AS TO FORM: GRtd SULLIVAN City Attorney Page 4 of 4 I EXHIBIT A ANNEXATION AND ZONE MAP AMENDMENT MAP x TO ]BOZEMAN, 1MONTANA AT[ ACT OFLAND SITUATED IN THE o 60 o W 11/2 NE 1/4 NW 1/4 OF OF SECTION 23 120' T2S) R5E P.M.M. G LLATIN COUNTY � OWNER. TRACT C MONTANA STATE UNIVERSITY TRACT E ZONING., C/S 1245 XT'G EXT'G C/S 1245 PLI — ` — — CITY LIMIT_ _ PROPERTY LINE S 89'35'21' E Vim' STUCRY ROAD --- - - ------ - �SROAD/sFJISEMENT�� /PR4dSEd i ` G �0 U 0 d i I 20 FY 188 n f 0IfEHL 2'0 RILN. / f0.08 ACRES EU -. T 'f701f�/ z ZONING: R-4 C.O.S. 1996 20.65 ACRES �/ .1c 4f .I . ZONING: COUNTY AS / I 4 1 � f 20 32 acres / I� I � i b l C.O.S. 2725 m) g� 8.995 ACRES <0� o' r C.O.S. 1996 TRACT 2 ZONING. oli 20.52 ACRES W / M I R"4 ZONING: a` COUNTY AS r� c v( V PROPOSED ANNEXATION AND ?ZONE AMENDMENT AREA in EKrO CITY OMIT N,, 9 622% 6 .611 / N TRACT 2 o ZONING: CERTIFICATE OF ; R-3 SURVRY No. 2122 80.77 ACRES i4 STUCKY ROAR APARTMENTS MADISON ENGINEERING EXHIBIT A s 89i TECHNOLOGY SItiA,SUITE 2W DRAWN BY: CGB ANNEXATION AND 11 IsozEnw�,uTs9na DATE: 4/29/15 y ZONE MAP AMENDENT EXHIBIT PHONE(406)5860262 PAN(406)586.5790 PROJECT# 14--156 3 !I 9