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HomeMy WebLinkAbout16- Ordinance 1966 Story Mill Road and Hillside Lane Zone Map Amendment Gi 9x ORDINANCE NO. 1966 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF LAND ENCOMPASSING A PORTION OF A PARCEL 0.880 ACRES LOCATED AT STORY MILL ROAD AND HILLSIDE LANE. 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, 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 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 change the zoning from R-2 (Residential Medium Density) to R-4 (Residential High Density) has been properly submitted, reviewed and advertised; and WHEREAS,the Bozeman Zoning Commission held a public hearing on August 16,2016, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, on August 16, 2016, the Bozeman Zoning Commission voted 2:1 to recommended that the zone map amendment be approved as recommended by the Community Development Department as provided for in the staff report; and WHEREAS, after proper notice, the City Commission held its public hearing on September 12, 2016,to receive and review all written and oral testimony on the request for a zone Page 1 of 5 Ordinance No. 1966,Story Mill Road&Hillside Lane Zone Map Amendment 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 public hearing held on September 12, 2016, 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) and all boundaries between districts being drawn as directed in Section 38.07.040, BMC: A tract of land being portions of Tract 1 of C.O.S. No.1895, located in the Southwest One-Quarter of Section 32, Township 1 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County, Montana, more particularly described as follows: BEGINNING at a calculated position at the intersection of the southerly Right-of-Way of Bridger Drive and the westerly Right-of-Way of Story Mill Road; thence South 89' 27 27" East a distance of 61.07 feet to a corner position; thence South 27' 41' 3 7" East a distance of 260.53 feet to a corner position; thence South 29' 05' 26" East a distance of 56.19 feet to a corner position; thence South 27' 33' 19" East a distance of 122.54 feet to a corner position; thence North 89' 20' 45" West a distance of 101.17 feet to a corner position; thence north a distance of 109.31 feet along a non-tangential curve concave west having a radius of 350.00 feet, a central angle of 17' 53' 39", a chord bearing of North 22' 11' 25" West and a chord length of 108.87 feet to a corner position; thence North 31° 08' 14" West a distance of 96.97 feet to a corner position; thence northwest a distance of 51.54 feet along a tangential curve concave southwest having a radius of 50.00 feet, a central angle of 59' 03' 51", a chord bearing of North 60' 40' 10" West and a chord length of 49.29 feet to a corner position; thence South 89' 47' 54" West a distance of 28.36 feet to a corner position; thence North 00' 45' 54" West a distance of 180.01 feet to the Point of Beginning containing 0.880 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection Page 2 of 5 Ordinance No. 1966,Stog Mill Road&Hillside Lane Zone Map Amendment of the property. See Exhibit A for a graphical depiction of the boundary. 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 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. 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 Municipal Code as a whole. Section 5 Codification. Page 3 of 5 Ordinance No. 1966, Stogy Hill Road&Hillside Lane Zone Map Amendment 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"Zoning Map Amendments." Section 6 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, at a regular session thereof held on the 17th day of October, 2016. CARSON TAYLOR Mayor ATTEST: ROBIN CROU.G -?- City Clerk FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 7tb day of November, 2016. The effective date of this ordinance is the 71h day of December, 2016. CARSON TAYLOR Mayor Page 4 of 5 Ordinance No. 1966,Stoiy Mill Road&Hillside Lane Zone Map Amendment ATTEST: ,j y 6 4 4 ROBIN,OR VGH City Clerk APPROVED AS TO FORM: 4Z6�� GRE LIVAN City Attorney Page 5 of 5 Story Mill - Hillside Lane Zone Map Amendment A tract of land being portions of Tract 1 of C.O.S.No.1895,located in the Southwest One-Quarter of Section 32,Township 1 South,Range 6 East,P.M.M. City of Bozeman,Gallatin County,Montand more particularly described as follows: BEGINNING at a calculated position at the intersection of the southerly Right-of-Way of Bridger Drive and the westerly Right-of-Way of Story Mill Road; thence South 89"27'27"East a distance of 61.07 feet to a comer position; thence South 27"41'37"East a distance of 260.53 feet to a comer position; thence South 29"06 26"East a distance of 56.19 feet to a comer position; thence South 27"33'19"East a distance of 122.54 feet to a corner position; thence North 89"20'45"West a distance of 101.17 feet to a comer position; thence north a distance of 109.31 feet alone a non-tangential curve concave west having a radius of 350.00 feet,a central angle of 17e 53'39",a chord bearing of North 22"1 V 25"West and a chord length of 108.87 feet to a comer position; thence North 31"08'14"West a distance of 96.97 feet to a comer position; thence northwest a distance of 51.54 feet along a tangential curve concave southwest having a radius of 50.00 feet,a central ang� of 59"03'51",a chord bearing of North 60e 40'10"West and a chord length©f 49.29 feet to a comer position; thence South 89"47'54"West a distance of 28.36 feet to a comer position; thence North 00"45'54"West a distance o 180.01 feet to the Point of Beginning containing 0.880 acres,more or less. SUBJECT to all easements of record or apparent arent from a visual inspection of the property. BR/OGErQOr?/!/E' P.O B}}S 89 27 27 E - {I7 I Site Information Property Address: - PAR,pT I Story Mill Road Current Zoning: R-2 Zoning Proposed Zoning: R-4 Zoning LEGEND �EVLLUP(t rr� Property Boundary Line —` d� —•—•—•— Right-of-Way Boundary s ————— Existing Zoning Boundary Adjoining Lot Line S 89°47'54"W "r • Found Survey Monument 28.36' I Calculated Position e P.O.B. Point OfBegining vz —R=50.00' -� D=59'03'51" ------- ,t L=51.54' I CHORD BRIG. I z N 60"40'10"W CHORD L=49.29' EX/ST/NGf'-4 (t ZON/NG ANON-TANGENT CURVE �� 2 R=350.00' D=17"53'39" I L=109.31' s 5 CHORD BRG.=S 22*11'25"E N I CHORD L.=108.87' '" N 89-24-27"W �N 89"20'45" 101.41' 58.44' 101.17' f BASIS OF BEARING I y/LL.S/DEOrQ/!/E 60'EASE�LIE/I/T \ C.O.S.NO.2547 t P.O.aox 16t065 DRAWN BY: NH +E ■ 610PmfeeWwWDrive, 0 60 32 Market Pieoa,Sta1 DATE 0921f2016 IR SAA83 By sky,MT59T16 I ALPINE 996 Bozeman.MT 59716 c[altar 996206ice PROJECT NO. 239-01 588S599 OMce scale V=60' -'Odoar-Atk,g FILENAME: STORY MILL ZMA � ec ww+ralpbesmNnO.net