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HomeMy WebLinkAboutOrdinance 05- 1647 Amend Zone Map and Establish R1 & RS , . . ORDINANCE NO. 1647 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R.1" (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 4.81: ACRES AND "R-S" (RESIDENTIAL SUBURBAN DISTRICT) ON 331: ACRES LOCATED IN E% SE% OF SECTION 32, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to establish initial zoning designations of "R-1 ", Residential Single-household, Low Density District, and "R-S" Residential Suburban District, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held public hearings on September 8th and 21 st, 2004, 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 September 27, 2004, 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 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 September 27,2004, the City Commission found that the proposed zone map amendment would be in compliance with the City of Bozeman Growth Policy and would be in the pUblic interest; contingent upon annexation; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 3842, adopted on the 6th day of September, 2005. 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-1" (Residential Single-household Low Density District): A tract of land being a portion of the second tract described in Document No. 2012272, Records of Gallatin County, situated in the E1/2SE1/4 Section 32. T1S. R6E, P.M.M., Gallatin County, Montana, and being further described as follows: . Beginning at a point which bears S01 '59'43"E a distance of 707.93 feet, S49'37'40"W a distance of42.31 feet, and S40"06'10"W a distance of90.28feetfrom the 1/4 comer ," '" . common to Sections 32 and 33 insaid Township and Range, said point being on the northerly right-of-way line of Montana Highway 86; thence from said true point of . beginning along said right-of-way line (L2) S40'06'10"W a distance of 42.79 feet, S49'37'40"W a distance of 805.33 feet, along a curve to the right having radial bearing of N40'23'55"W and a radius of 1 086.00 feet a distance of 432.62 feet, S17'21 '34"E a distance of 20.03 feet, and along (C3) a non-tangent curve to the right having 0 radial bearing of N17"08'23"W and a radius of 1 066.00 feet a distance of 160.76 feet; thence (L 1) N01 '43'31 "W a distance of 49.76 feet; thence along (C1) a curve to the right having a radius of 150.00 feet a distance of 194.94 feet; thence along a curve to the left having a radius of 936.00 feet a distance of 374.73 feet; thence N49"37'40"E a distance of 847.56 feet; thence S40'22'20"E a distance of 149.92 feet to the Point of Beginning. Said tract being 4.775 acres. Section 2 That the zoning district designation of the following-described property is hereby designated as "R-S" (Residential Suburban District): A tract of land being a portion of the second tract described in Document No. 2012272. Records of Gallatin County, situated in the E1/2SE1/4 Section 32, T1 S, R6E, P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at the 1/4 corner common to Sections 32 and 33 in said Township and Range; thence along the section line between so Sections S01 "59'43"E a distance of 707.93 feet to a point on the northerly right-of-way line of Montana Highway 86; . thence along said right-of-way line S49'37'40"W a distance of 42.31 feet and (L3) S40'06'1 O"W a distance of 90.28 feet; thence N40"22'20"W a distance of 150.00 feet; thence S49'37' 40"W a distance of 847.56 feet; thence along a curve to the right having a radius of 936.C feet a distance of 374.73 feet; thence along (C1) a curve to the left having a radius of 150.00 feet a distance of 194.94 feet; thence (L 1) S01'43'31 "E a distance of 49.76 feet to a point on the northerly right-of-way line of Montana Highway No. 86; thence along said right-of-way line along (C2) a non-tangent curve to the right having a radial bearing of N08'29'58"W and a radius of 1 066.00 feet a distance of 30.16 feet to a point on the east line of Ed Vogel Subdivision No.1, said point also being on the E1/111ine of said Section 32; thence along said E1/161ine N01'43'31"W a distance of 1630.06 feet to the C-E1/16 comer; thence along the E-W mid-section line of said Section 32 S89'49'43"E a distance of 1312.37 feet to the Point of Beginning. Said tract being 32.968 acres. Section 3 The effective date is thirty days after final adoption of this ordinance on second reading. . - 2 - ~ . , PASSED by the City Commission ofthe City of Bozerilan, Montana, on first reading, ata regular . session thereof held on the 6th day of sePtembe~ _ AND W L. CETRARO, Mayor ATTEST: c?~J~/L~ ROBIN L. SULLIVAN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 3rd day of October 2005. ATTEST: . ~;! .L#~ R IN L. SULLIVAN City Clerk . -3- . i(/ ZONE MAP AMENDMENT A TRACT OF LAND BEING THE SECOND TRACT OF LAND DESCRIBED IN . DOCUMENT No. 2012272, RECORDS OF GAlLATIN COUNTY, SITUATED IN THE E1/2SE1/4 SECTION 32, T1S, R6E, P.M.M", GAlLATIN COUNTY, MONTANA --- - 0 ... .... k.~ I I PROPERlY DESalIP1ION l_=lIOOft. A tl"<let of land bolng tho _ond wet doecrlbod In Document No. 2012272, Records of Gallatin County, oltuatod In tho El/2SE1/4 5ootlon 32, TIS, ReE, P.M.M., ......"'" -'" Oallotln County, Montano, and bolng further dooeribod o. :~I." ~. foIlow~: -.. l:1oglnnlng at tho 1/4 eomor common to Seetlono 32 and JJ In eold Township and Range: thence along the MCt'on IIno botwoen oold Soetlono 501'59'43"E 0 dlotance of 707.93 foot ta a point on tho northor1y rlght-ol-woy IIno ~e M:~~;;. ~1,~w:Ydl::~n~e:~. 4;1.~g ,::~ ~~~?,t;.;o~ dl.tance of 133.07 f..t, S4g.37"4(tW a dl.tance of 805.J3 feet, along 0 cu"'" to the right having radial boorlng of N40"23'SS"W and a radius of 1086.00 feet a distance of 432.62 feet, SI7"21'34"( 0 dlotance of 20.03 foet, and along a non-tangent curve to the right haYIng radial bearing of N1TOB'2Jltw and a radius of 1068.00 feet 0 dl.tonc. of 190.92 feet to 0 point on tho El/16 11n. of aold Seotlon 32. Bald point al.o being on the eaat line of Lot 1 of Ed Vogol SUbdlvlolon No.1: thence along oald 1/16 IIno and tho oaot lino of oold Lot 1 N01'43'31"W 0 dlotaneo of 16JO.06 feet to tho C-El/16 comer" of oald 5ootlon 32: thoneo along tho E-W mld-_tlon Ilno of oald Section 32 569'49'43"E 0 dlotone. of 1312.37 foet to the Point of l:1eglnnlng. Sold tract being 37.743 ocru. .......... i . lJNE TAIlLE UNE DISTANCE ,--t \J Ll ' I" 49.7e L.2 42. 79 LJ 90.28 CURIIE TAIlLE CURVE IDfG1H RADIUS DELTA Cl 194.49 150.00 74 " C2 30.18 1066.00 " C3 160.76 1086.00 " R-l ZCIHlNC OEllCRIP11ON A tract of I"nd bolng 0 portion of the oocond tract doecr1bod In Docum.nt No. 2012272, R..,...do of Gallatin County, oltuotod In tho El/2SE1/4 Soctlon 32, TIS, R6E, P.M.M., Collatln County, Montano. and being further" doocr1bod 00 follow", 1:10glnnlng ot a point which booro 501'59'43"( 0 dlotance of 707.93 foot, S49'374O"W 0 dl.tanco of 42.31 foot, and S4O'08'10"W 0 dlotonc. of 90.21:1 foet from tho 1/4 comer common to 5ootlono 32 and 33 In sold Townohlp and Rango, oold point b.lng on tho narthony right-of-way IIn. of Montano Hlghwoy 86: thonco from oold true point of beginning olong oold right-of-way IIno (L.2) S40'06'10"W 0 dlstonce of 42.79 f..t, S49'37' 4O"W a dlotonce of 805.33 foot, along a eu"," to the right ha"'ng I"<Idlol bearing of N40'23'55'W and 0 radluo of 1086.00 foot 0 dlstaneo of 432.62 foot, 517'21'34"E 0 dlstonc. of 20.03 _, ond olong (C3) 0 nQIl-tangent curve to the right havln; CI radial b<<Jring of N17'OS'231tw and a radius of 1086.00 feet CI dl.tance of 180.76 feet; thonco (Ll) N01'4J'31"W 0 dlotonee of 49.76 feet: thonco along (Cl) 0 CUrve to tho right having 0 I"<Idlu. of 150,00 foet 0 dlotaneo of 194.94 foot: thoneo along 0 CU"'" to the loft having 0 radluo of 936.00 foot 0 distance af 374.13 feot: thence N49'3740"E 0 dlotaneo of 847.'6 foot: thonee S4O'22'20"( 0 dlstoneo of 149.92 fo.t to the Paint af 80glnnlng. Sold tract b.lng 4.77' aeros. R-S laIllNG DESCRlPTlON A tract of land being a portion of the second tract dnerlbed in Document No. 2012272, Records of GaUatln County, .ltuated in the El/25El/4 Soetlon 32, TIS, R6E, P.M.M., Collatln County, Montano, and b.lng furthor dooeribod os follow", Bl!t91"olnV at the 1/4 corn.r common to Sections 32 and 33 In saId Township and Range; thenc. alon~ the .ec:tlon IJn. bet."," .old Sectlono S01,!;9'43"E 0 dlotoneo of 707.93 feet to 0 polnt on tho northorly right-of-way IIno of Montano Highway 116: thonce along oald right-of-way IIno 549'37' 40"W 0 dlotonce of 42.31 foet and (LJ) S40'08'10"W 0 dlolaneo of 90.21:1 feet: thoneo N4O'22'20"W 0 dlotance of 150.00 feet: thone. S49'37' 4O"W 0 dlotaneo of 647.56 feet: thonce along 0 CUrve to tho r1gM ha"'ng 0 I"<Idluo of 93e.00 foet 0 dl.tanco of 374.73 foeti thoneo along (Cl) 0 cu"'" to the left holling 0 I"<Idius of 150.00 feet 0 dlotaneo of 194.94 foeti thonco (Ll) SOl'43'31"E 0 dlotaneo of 49.7e feot to 0 point on the narthony rlght-ol-woy Ilno of Montano Highway No. 86: thoneo along sold rlght-of-woy IIno olong (C2) 0 non-tangent cu"'" to tho right ha"'ng 0 I"<Idlol b_lng of N08'29'58"W and 0 rodluo of 1066.00 fe.t 0 dl.tanco of Jo.16 foet to 0 paint on lh. ooot IIn. of Ed Vogol Subdlvlolon No. I, oold point 0100 b.lng on tho El/16 IIno of oald Soctlon 32: thone. olong oald E1/16 line N01'43'31'W 0 dlotane. of 1630.06 feet ta tho C-El/16 comer: thonce along tho E-W mid-.ectlon line af oald Soetlon 32 569'49'43"E 0 dl.lonco of 1312_37 foot to the Point of l:1oginnlng. Sold tract bolng 32.966 acre.. GASTON ENGINEERING SURYEJ'INC .. SOlIS 71lSTlNC . 2