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HomeMy WebLinkAboutOrdinance 07- 1688 Parks-Story Mill ZMA ORDINANCE NO. 1688 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 DESIGNA TION OF "R-2" (RESIDENTIAL TWO HOUSEHOLD, MEDIUM DENSITY DISTRICT AND "R-4" (RESIDENTIAL HIGH DENSITY) ON 3.826 ACRES LOCATED IN SECTIONS 31 & 32, TIS, R6E, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "R- 4", Residential High Density District, has been properly submitted, reviewed and advertised; and WHEREAS, after proper notice the Bozeman Zoning Commission held a public hearing on October 3, 2006, 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 with a modification that a portion of the area for initial zoning to be designated as "R-2", Residential Two Household Medium Density District; and WHEREAS, after proper notice, the City Commission held its public hearing on October 16, 2006, 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 with alterations recommended by the Zoning Commission and Staff, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on October 16, 2006, 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. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zonmg district designation of the following-described property IS hereby designated as "R-2" (Residential Two Household Medium Density District): An area of land located in Section 31 and Section 32, Township 1 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position on the southerly Right -of-Way of Bridger Drive from which the southeast corner of said Section 31, bears South 02002' 42" West a distance of 908.71 feet; thence South 890 27' 27" East a distance of 46.67 feet to a comer position; thence South 270 42' 00" East a distance of 22.72 feet to a corner position; thence South 270 41' 37" East a distance of 269.58 feet to a comer position; thence South 290 05' 26" East a distance of 56.19 feet to a comer position; thence South 270 33' 19" East a distance of 122.54 feet to a comer position; thence North 890 20' 45 " West a distance of 101.17 feet to a comer 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 170 53' 39", a chord bearing of North 220 II' 25 " West and a chord length of 108.87 feet to a corner position; thence North 310 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 590 03' 51 ", a chord bearing of North 600 40' 10" West and a chord length of 49.29 feet to a comer position; thence South 890 47' 54" West a distance of 28.36 feet to a corner position; thence North 000 45' 54" West a distance of 188.00 feet to a comer position; thence North 000 45' 54" West a distance of 20.02 feet to Point of Beginning containing 0.919 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. Section 2 That the zomng district designation of the following-described property IS hereby designated as "R-4" (Residential High Density District): An area of land located Section 31 and Section 32, Township 1 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position on the southerly Right -of-Way of Bridger Drive from which the southeast comer of said Section 31, bears South b80 SS' 53" East a distance of 920.96 feet; thence South 890 27' 27" East a distance of 175.42 feet to a corner..-p.osttiont thence South 000 45' 54" East a distance of 20.02 feet to a corm:r~j;os1-tip~~-. thence South 000 45' 54" East a distance of 188.00 feet to a comer. position; thence North 890 47' 54" East a distance of 28.36 feet to a comer -posltion~ thence southeast a distance of 51.54 feet along a tangential curve concave south having a radius of 50.00 feet, a central angle of 590 03' 51 ", a chord bearing of South 600 40' 10" East and a chord length of 49.29 feet to a comer position; thence South 310 08' 14" East a distance of 96.97 feet to a comer position; thence southeast a distance of 109.31 feet along a tangential curve concave southwest having a radius of 350.00 feet, a central angle of 170 53' 39", a chord bearing of South 220 11' 25" East and a chord length of 108.87 feet to a comer position; thence North 890 20' 45" West a distance of 58.44 feet to a corner position; thence North 890 24' 27" West a distance of 101.41 feet to a com~rposition; thence North 890 24' 27" West a distance of 15.00 feet to a corner position; thence North 890 10' 05" West a distance of 29.94 feet to a __oomerp9sition; thence South 000 49' 32" East a distance of 109.34 feet to a-corner- position; thence South 000 49' 32" East a distance of 134.84 feet to a comer position; thence South 890 40' 26" West a distance of 45.05 feet to a 'cOUlef..pdsition; thence South 890 40' 26" West a distance of 64.54 feet to a corner- 'poSition; thence north a distance of 135.17 feet along a non-tangential curve 09l.tclWe:-el1st having a radius of 1482.50 feet, a central angle of 050 13' 27", a chord bearing of North 070 50' 54" West and a chord length of 135.12 feet to a comer position; thence north a distance of 117.66 feet along a non-tangential curve concave east having a radius of 1482.50 feet, a central angle of 040 32' 51", a chord bearing of North 020 59' 18" West and a chord length of 117.63 feet to a comer position;; thence North 000 49' 19" West a distance of 388.67 feet to a comer position; thence North 000 40' 14" East a distance of 20.02 feet to the Point of Beginning containing 2.907 acres, more or less. Section 3 The effective date is thirty days after final adoption ofthis ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 6lh day of August, 2007. ~-~ or ATTEST: - c~~ Acting 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 20th day of August 2007. ~~~. :;tRIJt)S ~ ---r--- ATTEST: > . . , EXHIBIT C . SHEET 1 PARKS/STORY MILL ZONE MAP AMENDMENT AN ANNEXATION MAP FOR CERTAIN TRACTS OF LAND LOCATED IN SECTIONS 31 & 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GAUTlN COUNTY, MONTANA " \ -' ! i\! /A #..~ \ #~'" -j i \!"=""'''':'-STlIMlU ~~f ~ \ ,,0" i j ~ #(",,9" I --r-~~-;~-~ ~-------___~-TL__- 55 ~ : ~t 8RfDGERDR1V5 == 1 P.O.8.1 .' I -.. ..-..-..-..-.:-.. ~._.-I.-C::.v--- -.-.--. I I I I I I I I L---____ ,JlJ,~ I ........ ----- I I !ft1 '-- ~ 81OftVMI.L I ......- , a. w .._ww , .... - I i " --f ... ~... r- ""'-"'1TCIMIlU. f!' ,..... ~..:>>o I!N3eM!NT ~j;" \ ~' I ---------+-~-I \ ./' \~ ;~;I h /AY ~~ #"67 I 7~ ~1f11 , 1.1: ! i:l~ -----------\--t ~'\\~ ~t. '11IIC.~11IIC.32' ~~ ~~~~~4...L _J..... _ ___ - - - ~ - - ~2SfJU'1l1.llANCIl'lAST ---- _ _ COUNTY _ ..::. """'J " C~ \ \ \ ./'",/ ~+21~ It;!. D....:r.rI51. Le117.- O'I.M/lIIIINOi''',rw atL.11TM ~. ~ D." 11'27" ,.. L.'.17' ~.,.:t:o" ...._.0111'........ j~~ ....c.'..'r "'$,t~"'\ HYALITE J I!N8INle:RS. PLLC #~ #t.1/ ;F~ {I UNZONm Mt&D...1ltm6t0ftlllPlN (MOCiIJm"- ~ L.._ ..-..-.. -..-. .-.~::~:':'J. -..-\ DIIM!_ ,---- \ /6 #' ,,9 \--- ~l! \ \ . \ . , \ , . \ . \ . \ . \ ~:t --,.F'f?'" , . \ DJlnNG8O' MLL8IDI: ...-J~ """"'- '. \ \ . \ , \ . \ , ",-- . . - . ::. ~::_.N ~._" ,'," _.. E"-ttLMt W B _ _ _ _ _ ZOfttBolftdllfyNot.....on --.... - ... OItwlill*W ...4)tR4:~ s o ......._ + -....... =.~ LalNW41'S2.&l883" long_ W 111' 01' 7T__ DRAWN BY, DATE: PROJECT NO. FILE NAME: >>A~ Selle l' - 100' TO 11-20-06 001.07 ~MllI 1870 SIlIdUn llrtwl, _8 _, MT1I97111 MUlI99 0lIce G80,"GO F", , '\. EXHIBIT C - SHeET 2 PARKS/STORY MILL ZONE MAP AMENDMENT MAP A ZONE MAP AMENDMENT FOR CERTAIN lRACTS OF LAND LOCATED IN SECTIONS 31 & 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LEGAL DESCRlPTON - I!XTERIOR BOUNDARY OF ZONE MAP AMINDMINT AREA An a/"8ll d land Ioc8ted In Sec::Ilon 31 and Sec::Ilon 32, Townehlp 1 SOuth, Range 6 East, Principal M8t'idI8n Montana (P.M.M), City of Bozeman, Gallatin County, Montana being more particularly d8llCllbed aa follows: BEGINNING at a calculated position on the 8OUtheI1y Right-of-Way of Bridger Oliva from which the southeast comer of said Section 31, bears soutl1 08' 55' 53" East a dlllance of 920.96 feet; thence soutl1 89" 2r 27" East a dlstanca of 222.09 fast to a comer poaltion: thenca soutl1 27" 41' 37" East a dlstanca of 22.72 f8et to a comer poelllon: thenca South 27' 41' 37" East a dlstanca of 269.58 faat to a comer position: thence South 29' 05' 26" East a dlstanca of 58.19 f8et to a comer poslllon: thence South 27" 33' 19" East a distance of 122.54 faat to a comer poaltion: thence North 89' 20' 45' West a dlstanca of 159.60 feet to a comer position: thenca North 89' 24' 27" Wast a dlstanca of 101.41 feet to a comer position; thence North 89' 24' 27" West a distance of 15.00 feet to a comer poaltion: thence North 89' 10' OS' Weat a dlatance of 29.94 feet to a comer poaltion: thence South 00" 49' 32" East a dlstanca of 109.34 feet to a comer poaltion: thence South 00" 49' 32" East a dl8tance of 134.64 faat to a comer poaltion: thenca South 89" 40' 26" West a dlstanes of 45.OS feet to a comer poaltion: thence South 89" 40' 26" West a distance of 64.54 faat to a comer poaltion: thence north a dlllance of 135.17 feet along a non-tangentlal alIVe concave east havlng a radius of 1482.50 feet, a central angle of 05' 13' 27", a chord bearlng of North 07" 50' 54" West and a chord length of 135.12 feet to a comer poaltlon: thenca north a dl8tanca of 117.6618at along a non-tangentlal alIVe concave east having a radius of 1482.50 faat, a central angle of 04' 32' 51", a chord bearing of North 02" 59' 18" West and a chord I8ngth of 117.63 feel to a comer poaltion: thenca North 00' 49' 19" West a dlllanca of 368.67 feet to a comer poaltion: thenca North 00' 40' 14" East a distance of 20.02 feet to the PoInt of Beginning containing 3.826 acres, more or 1_. SUBJECT to all easements of record or 8PP8l'8nt from a v1auallnapeclion of tha property. U!GAL DESCRlPTON - ARM OF ROAD EASEMENT WITHIN ZONE MAP AMENDMENT AREA An a/"8ll d land Ioc8ted In Sadlon 31 and Sec::Ilon 32, Townehlp 1 South, Range 6 east. PrIncipal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana baing more particularly deac:rlbed as follows: BEGINNING at a calculated poeltlon on the existing southerly RIght -of-way of Bridger Drive from which the southeast comer of said Sactlon 31, bears &luth 08' 55' 53" East a dlstanca of 920.96 feet; thenca South 89" 2r 27" East a dlstanca of 222.09 feet to a comer poaltion: thenca South 27" 41' 37" East a dlstanca of 22.72 feel to a comer poaltlon: thence North 89' 2r 27" West a dlstanca of 58.97 feel to a comer poaltlon: thence South 00" 45' 54" East a dlstanca of 394.14 feet to a comer posltlon: thence North 89' 24' 27" West a dlstanca of 15.00 feel to a comer position; thanes North 89' 10' 05" West a dlstanca of 29.94 feel to a comer position; thanes South 00" 49' 32" East a dlstanca of 109.34 feet to a comer poaltion: thenca South 00' 49' 32" East a dlstanca of 134.64 feet to a comer position: thence South 89" 40' 26" West a dlstanca of 45.05 feet to a comer poaltion: thenca North 00' 48' 17" West a dlstanca of 134.53 feat to a corner posltlon: thence North 00' 48' 17" West a dlatanca of 504.31 feel to a corner poalllon; thence North 69' 2r 27" West a dlstanca of 85.73 feet to a comer posltlon; thence North 00' 40' 14" East a distance of 20.02 feet to the PoInt of Beginning containing 1.172 aan, more or leas. SUBJECT to all eaaaments of record or apparent from a v1auallnspecllon of the property. LEGAL DESCRlPTON - ARI!A OF R-2 ZONING An area of land located In Sectlon 31 and Sectlon 32, Townehlp 1 South, Range 6 East, PrIncipal Merldlan Montana (P.M.M), City of Bozeman, GaIIaUn County, Montana being more parUallarly described as follows: BEGINNING at a calaJlated posIIlon on the southerly Right-of-Way of Bridger Drive from which the southeast corner of said SectIon 31, bears South 02' 02' 42" Wast a distance of 908.71 feet; thence South 69' 2r 27" East a dlstanca of 46.67 feet to a a comer posltlon; thence South 27" 42' 00" East a distance of 22.72 feet to a a comer position; thence South 27" 41' 37" East a distance of 269.58 feet to a a comer poaltion; thence South 290 05' 28" East a distance of 56.19 feel to a a comer posltIon; thence South 27" 33' 19" East a distance of 122.54 feet to a a comer poslllon; thence North 89' 20' 45" Wast a dlatanca of 101.17 feel to a a comer poallIon; thence north a distance of 109.31 feet along a non-tangentlal alIVe concave wast havlng a radius of 350.00 feet, a central angle of 17' 53' 39", a chOld beer1ng of North 22' 11' 25" West and a chord length of 108.87 feet to a a corner poaIIlon: thenes North 31' 08' 14" West a dlllanca of 96.97 faat to a a comer poeItIon; thence northw8st a dlstanca of 51.54 feet along a tangential alIVe concave 80IIlhwest having a radlll8 of 50.00 feel, a central angle of 59' 03' 51', a chord b88r1ng of North 60' 40' 10' West and a chord length of 49.29 feet to a a comer position; thence South 89" 4r 54' West a distance of 26.36 feet to a a comer poaltion: thanes North 00' 45' 54" West a dlllanes of 188.00 faat to a a comer poaltIon; thence North 00' 45' 54' West a distance of 20.02 feel to Point of Beglmlng contalnlng 0.919 aaes, more or leas. SUBJECT 10 al 8MMl8I'd8 of Iecon:I or appMlI'Il from a viIu8IlnIpeclIon of the property. U!GAL D!SCRIPTON - ARIA OP R-4 ZONING An 8/"8ll of lend Ioc8ted SectIon 31 and Section 32, Townehlp 1 South, Range 6 Eest, Principal Merldlen Montana (P.M.M), CIty of Bozeman, Gallatln County, Montana being more partlcularly deea1bed as follow8: BEGINNING at a calcul8ted poaltion on the southerly Right -of-Way of BrIdg8r Dr1ve from whlch the IIOIIIheaIIl comer of said Sectlon 31, bears soutl1 08' 55' 53" East a dl8tance of 920.96 feet; thence South 89" 2r 27" East a dlllance of 175.42 feet to a a comer poaIlIon; thenoe soutl1 00' 45' 54" East a dlatanca of 20.02 faat to e a comer poa/lIon; thenoe soutl1 00' 45' 54' East a dl8tanca of 166.00 faat to a a comer posIllon; thence North 89' 4r 54" East a distance of 28.36 faat to a a comer position: thence IIOIIIheaIIl a dlllance of 51.54 feet along a tangential all"Y8 concave south having a radius of 50.00 feet, a cantral angle of 59' 03' 51', a chord bearing of South 60' 40' 10" East and a chord length of 49.29 feet to 8 calculated point; thence SOuth 31' 06' 14" East a dlllance of 96.97 feet to a a comer poaltion; thenoe southeast a dlllance of 109.31 feet along a tangential alrY8 concave aouthwe8t having a radius of 350.00 f8et, a central angle of 17" 53' 39", a chord bearing of South 22" 11' 25" East andNortha 89~20'~45 ..?-f..!08d'~fe! toofa588.44~!.posIllonto ;~....... .......a ........... ._. aaoomer.............,; thenca North 89' 24' 27" West a dlstanca of 101.41 feet to a calculated point; thenca North 69' 24' 27" West a dlstanca of 15.00 feet to a a comer position; thence North 89' 10' OS" West a dl818nca of 29.94 feet to a a corner poaIlIon; thenoe South 00' 49' 32" East a dlstanca of 109.34 feet to a a comer posIllon; thence South 00' 49' 32" East a distance of 134.64 feet to a a comer poa/lIon; thence South 89' 40' 26' West a dlstanca of 45.05 feet to a a comer position: thenca South 69" 40' 28" West a distance of 64.54 feet to a calculated point; thence South 12" 48' 06' East a distance of 0.00 feet to a a comer poaIlIon; thence north a dlsl8nca of 135.17 feet along a non-tengenllal alIVe concave east having a radius of 1482.SO feet, a central angle of OS' 13' 27", a chord bearing of North 07" 50' 54" West and a chon:Ilangth of 135.12 faat to a a comer poslllon; thence north a dlstanca of 117.88 feet along a non-tangentlal alIVe concave east havlng a radius of 1482.50 feet, a central angle of 04" 32' 51", a chord bearmg of North or 59' 18" West and a chord length of 117.63 feet to a a comer poaltion; thence North 00' 49' 19" West a distance of 368.67 feet to a a corner pos/lIon; thenoe North 00' 40'14" East a dlllanoe of 20.02 feet to the PoInt of Beginning containing 2.907 acres, more or lass. SUBJECT to all aaaements of record or apparent from a v1auallnspectlon of the property. :PY!1W' HYALITB J eN'IHIIIlS. PLLC DRAWN BY: DATE: PROJECT NO. FH..E NAME: TG 11.20-08 oo1.Q1 ~M11 >>.A~ 1970 _Un om.., _a _, MY ll9715 588M99 0Illce &88.4480 Fu