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Home My WebLink About18- Ordinance 2009 Tschache Lane Zone Map Amendment w t ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 3.403 ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT), KNOWN AS THE TSCHACHE LANE ZONE MAP AMENDMENT, Z-14321. 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, M.C.A. 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,M.C.A..; 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 rezone approximately 3.403 acres from R-3 Residential Medium Density District to R-4 Residential High Density District has been properly submitted, reviewed, and advertised; and Page 1 of 5 Ordinance 2009, Tschache Lane Zone Map Amendment WHEREAS, the Bozeman Zoning Commission held a public hearing on December 2, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission voted 5:0 to recommend the Bozeman City Commission to approve the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on January 12, 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 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. 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: LOT 9 OF THE STONERIDGE SQUARE SUBDIVISION, PLAT J-446 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF BEGINNING BEING THE SOUTH CORNER OF LOT 9; THENCE NORTHERLY 385.40' ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 680.00', A CHORD OF N29.16'33"W, AND A DISTANCE OF 369.09'; THENCE NOOe15'34"W A DISTANCE OF 99.84'; THENCE N89.44'36"E A DISTANCE 488.00'; THENCE S14.18'35"W A DISTANCE OF 251.89'; THENCE 553,41'16"W A DISTANCE OF 303.79; TO THE TRUE POINT OF BEGINNING. Page 2 of 5 Ordinance 2009, Tschache Lane Zone Map Amendment CONTAINING 3.403 ACRES MORE OR LESS, AND SUBJECT TO ALL EASEMENTS OF RECORD. PROPERTY BOUNDS LOT 9, STONERIDGE SQUARE SUBDIVISION, PLAT J-446, ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, LOCATED IN THE EAST 1/2 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF P.M.M., AND THAT ENTIRE PORTION OF TSCHACHE LANE RIGHT OF WAY ADJACENT TO LOT 9. 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 Page 3 of 5 Ordinance 2009, Tschache Lane Zone Map Amendment decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 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." Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Page 4 of 5 Ordinance 2009, Tschache Lane Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 171h day of September, 2018. ND U May ATTEST: $p2 O • • ■ ■ ♦� . ROBIN CROUGH City Clerk • ��'- •� LgTIN Co �10 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 1" day of October,2018. The effective date of this ordinance is October 31, 2018. w T L. D Mayor ATTEST: ,` B OZ ' ROBIN CROUG City Clerk V W3J' •�� APPROVED AS TO FORM: KAREN STAM UGH Assistant City Attorney Page 5 of 5 LOT 9 OF THE STONERIDGE SQUARE SUBDIVISION TSCHACHE LANE ZONE MAP AMENDMENT CURREN ZONING:R� BEING LOT 9 OF THE STONERIDGE SQUARE SUBDIVISION, PLAT 5-446 PROMISED ZONING;R4 LOCATED IN THE SW1/4,SFY4 OF SECTION 2,T25, R5E, P.M.M., GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA 2 CT 1,C051 oll E,RS,VA LOT&sW 6T oAS Rg.LLC BAXTERW fPIRVR MNBV EGoPME11T PARTR OEV 1,189'44'36'E $ $ 99 BeBIGTEO PoOHrpeWAY TSCHACHE LANE � �rRBJeerARA TSCNACNFW $ 9 b 8IS ANMI[5T VICINITY MAP Leael O—lotlm LOT 9 3.070 ACRES LOT 9 OF THE STONERIDGE SQUARE SUBDIVISION,PLAT) 16 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF BEGINNING BEING THE SOUTH CORNER OF LOT 9:THENCE NORTHERLY 385.40'ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 080.00'.A CHORD OF N29.161M.AND A DISTANCE OF 369.OD:THENCE NOD'15'34V A DISTANCE 99,84;THENCE N80W36'E A DISTANCE 488.00':THENCE SleIV35'W A DISTANCE OF 251.89;THENCE S53.41.16-W A DISTANCE OF 303.78:TO THE TRUE POINT OF BEGINNING. CONTAINING 3A03 ACRES MORE OR LESS,AND SUBJECT TO ALL EASEMENTS OF RECORD. Property Bounds: D LOT 9,STONERIDGE ARE SUBDIVISION. CLERK ATHEPLAND RECORDEREOP.ONUGALLATN COUFILE AND OF ENTYPMON THE LOCCE ATED TIN THE R=380.00' COMMIO ACCEDE p EAST%OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE 5 EAST OF P.M.M., M305.40' PUsBTp SUBIDNI5IDN1 AND THAT ENTIRE PORTION OF TSCHACHE LANE RIGHT OF WAY CD•369,09' ADJACENTTO LOT 9. CB•N29'16'33'W A-SB'06'34' 5 p�. ROBE PDZEMAN CITY of B LEGEND - LOT LINE - ADJOINER LOT LINE P.O B/ ZONING BOUNDARY P.O.B. POINTOFBEGINNING �..\ ,..� C1t1PA14C OCAIIPE "� i1'Kir,iti a9 n BASIS OF BEARING:PLAT) B(STONERIDGE \�\ SQUARE SUBDIVISION)RECOROSOF ^� GALLATIN COUNTY CLERK 3 RECORDER ulE R.Bvrtl p BeOePIP9DN "'�- STONERIDGE SQUARE SUBDIVISION eDTOUMeER �..1 DHKD�W— LOT 9 Ral9ee 11 >�1V�� eiw,0 9nv04N t1NAMu APPR.9r:TMH SOZEMAN MT Meer uuMeeB Muwnuax[INrnaLaw l� 1 aMM pey,r��0ej1B at0 pAR — 0—NUMBER NGINEERING,INC ey; TSCHACHEIANEZONEMAPAMENDMENT ZONE-1 N9t0e0NttM00010xHIBITS¢ONE IMPAMCND.ewp NBI W rANIaPOrrwrYe on]H]R0184;19 PM ne,Brgner,AR.40e901S0p oaN JMdidr(O,rrin0nl . BAR