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HomeMy WebLinkAbout10 06 08_Finally adopt Ordinance No_ 1751, Knolls at Hillcrest Zone Map Amendment #Z-0811977 1 ORDINANCE NO. 1751 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM “R-O” (RESIDENTIAL OFFICE DISTRICT) TO “R-3” (RESIDENTIAL MEDIUM DENSITY DISTRICT) FOR APPROXIMATELY 22.872 ACRES AND FROM “R-3” TO “RO” FOR 44.621 ACRES OF PROPERTY LOCATED WEST OF HIGHLAND BOULEVARD AT THE KNOLLS AT HILLCREST SUBDIVISION IN THE E 1/2 OF THE E ½ OF SECTION 18, T2S, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant zoning designations of "R-3" (Residential Medium Density District) and “R-O” (Residential Office District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 15, 2008, 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 as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on August 4, 2008, 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 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 twelve criteria; and WHEREAS, at its meeting held on August 4, 2008, 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. 78 2 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: That the zoning district designation of the following-described property is hereby designated as "R-3" (Residential Medium Density District): R-3 AREA 1 - LEGAL DESCRIPTION RESIDENTIAL MEDIUM DENSITY An area of land being "The Knolls At Hillcrest" subdivision and a portion of Tract 1 of Certificate of Survey No. 2047 located in the E½E½ of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 18, bears North 37° 08' 08" East a distance of 2171.81 feet; thence South 00° 40' 43" East a distance of 120.76 feet to a point; thence South 88° 23' 55" East a distance of 12.00 feet to a point; thence South 00° 41' 07" East a distance of 788.65 feet to a point; thence South 00° 18' 46" East a distance of 278.51 feet to a point; thence North 89° 47' 14" East a distance of 144.64 feet to a point; thence South 09° 30' 45" West a distance of 8.66 feet to a point; thence North 89° 40' 42" East a distance of 449.91 feet to a point; thence South 01° 39' 29" East a distance of 20.99 feet to a point; thence North 89° 40' 26" East a distance of 618.94 feet to a point; thence North 00° 08' 08" East a distance of 289.99 feet to a point; thence North 00° 04' 18" East a distance of 186.60 feet to a point; thence North 03° 26' 15" East a distance of 187.73 feet to a point; thence North 00° 03' 18" East a distance of 304.84 feet to a point; thence North 90° 00' 00" West a distance of 81.11 feet to a point; thence North 20° 01' 35" West a distance of 266.32 feet to a point; thence southwest a distance of 95.37 feet along a non-tangential curve concave northwest having a radius of 120.00 feet, a central angle of 45° 32' 12", a chord bearing of South 52° 09' 37" West and a chord length of 92.88 feet to a point; thence South 74° 55' 43" West a distance of 41.73 feet to a point; thence South 20° 01' 35" East a distance of 271.79 feet to a point; thence south a distance of 137.05 feet along a tangential curve concave west having a radius of 400.00 feet, a central angle of 19° 37' 53", a chord bearing of South 10° 12' 39" East and a chord length of 136.38 feet to a point; thence South 00° 23' 42" East a distance of 109.77 feet to a point; Section 1 79 3 thence South 89° 36' 18" West a distance of 863.80 feet to a point; thence North 00° 23' 42" West a distance of 240.09 feet to a point; thence north a distance of 188.33 feet along a tangential curve concave east having a radius of 350.00 feet, a central angle of 30° 49' 46", a chord bearing of North 15° 01' 11" East and a chord length of 186.06 feet to a point; thence North 30° 26' 04" East a distance of 135.50 feet to a point; thence northwest a distance of 50.06 feet along a non-tangential curve concave southwest having a radius of 238.00 feet, a central angle of 12° 03' 08", a chord bearing of North 63° 05' 41" West and a chord length of 49.97 feet to a point; thence North 69° 07' 14" West a distance of 25.67 feet to a point; thence South 89° 19' 17" West a distance of 264.45 feet to the Point of Beginning containing 22.872 acres, more or less. That the zoning district designation of the following-described property is hereby designated as "R-O" (Residential Medium Density District): R-O AREA 1 - LEGAL DESCRIPTION RESIDENTIAL OFFICE An area of land being "The Knolls At Hillcrest" subdivision and a portion of Tract 1 of Certificate of Survey No. 2047 located in the E½E½ of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 18, bears North 37° 08' 08" East a distance of 2171.81 feet; thence North 00° 40' 43" West a distance of 429.67 feet to a point; thence North 00° 54' 51" East a distance of 252.63 feet to a point; thence North 89° 54' 38" East a distance of 12.04 feet to a point; thence North 00° 48' 53" East a distance of 648.86 feet to a point; thence South 89° 06' 41" East a distance of 1229.62 feet to a point; thence South 10° 37' 12" West a distance of 840.10 feet to a point; thence south a distance of 282.26 feet along a non-tangential curve concave east having a radius of 1529.24 feet, a central angle of 10° 34' 31", a chord bearing of South 05° 20' 41" West and a chord length of 281.86 feet to a point; thence South 00° 03' 25" West a distance of 67.74 feet to a point; thence South 11° 47' 20" West a distance of 60.00 feet to a point; thence South 78° 12' 40" East a distance of 43.09 feet to a point; thence South 15° 56' 50" West a distance of 38.01 feet to a point; thence south a distance of 123.53 feet along a tangential curve concave west having a radius of 120.00 feet, a central angle of 58° 58' 54", a chord bearing of South 45° 26' 17" West and a chord 80 4 length of 118.15 feet to a point; thence South 74° 55' 43" West a distance of 41.73 feet to a point; thence South 20° 01' 35" East a distance of 271.79 feet to a point; thence south a distance of 137.05 feet along a tangential curve concave west having a radius of 400.00 feet, a central angle of 19° 37' 53", a chord bearing of South 10° 12' 39" East and a chord length of 136.38 feet to a point; thence South 00° 23' 42" East a distance of 109.77 feet to a point; thence South 89° 36' 18" West a distance of 863.80 feet to a point; thence North 00° 23' 42" West a distance of 240.09 feet to a point; thence north a distance of 188.33 feet along a tangential curve concave east having a radius of 350.00 feet, a central angle of 30° 49' 46", a chord bearing of North 15° 01' 11" East and a chord length of 186.06 feet to a point; thence North 30° 26' 04" East a distance of 135.50 feet to a point; thence northwest a distance of 50.06 feet along a non-tangential curve concave southwest having a radius of 238.00 feet, a central angle of 12° 03' 08", a chord bearing of North 63° 05' 41" West and a chord length of 49.97 feet to a point; thence North 69° 07' 14" West a distance of 25.67 feet to a point; thence South 89° 19' 17" West a distance of 264.45 feet to the Point of Beginning containing 44.621 acres, more or less. The effective date is thirty days after final adoption of this 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 15 Section 2 th day of September 2008. _____________________________ KAAREN JACOBSON Mayor 81 5 ATTEST: _____________________________ STACY ULMEN 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 6th day of October 2008. _____________________________ KAAREN JACOBSON Mayor ATTEST: _____________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _____________________________ TIM COOPER Assistant City Attorney 82 PERIMETER OF SUBJECT PROPERTY - LEGAL DESCRIPTION An area of land being "The Knolls At Hillcrest" subdivision and a portion of Tract 1 of Certificate of Survey No. 2047 located in the E‰E‰ of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 18, bears North 37 08’ 08" East a distance of 2171.81 feet; thence North 00 40’ 43" West a distance of 429.67 feet to a point; thence North 00 54’ 51" East a distance of 252.63 feet to a point; thence North 89 54’ 38" East a distance of 12.04 feet to a point; thence North 00 48’ 53" East a distance of 648.86 feet to a point; thence South 89 06’ 41" East a distance of 1229.62 feet to a point; thence South 10 37’ 12" West a distance of 840.10 feet to a point; thence south a distance of 282.26 feet along a non-tangential curve concave east having a radius of 1529.24 feet, a central angle of 10 34’ 31", a chord bearing of South 05 20’ 41" West and a chord length of 281.86 feet to a point; thence South 00 03’ 25" West a distance of 67.74 feet to a point; thence South 11 47’ 20" West a distance of 60.00 feet to a point; thence South 78 12’ 40" East a distance of 43.09 feet to a point; thence South 15 56’ 50" West a distance of 38.01 feet to a point; thence south a distance of 28.16 feet along a tangential curve concave west having a radius of 120.00 feet, a central angle of 13 26’ 41", a chord bearing of South 22 40’ 10" West and a chord length of 28.09 feet to a point; thence South 20 01’ 35" East a distance of 266.32 feet to a point; thence South 90 00’ 00" East a distance of 81.11 feet to a point; thence South 00 03’ 18" West a distance of 304.84 feet to a point; thence South 03 26’ 15" West a distance of 187.73 feet to a point; thence South 00 04’ 18" West a distance of 186.60 feet to a point; thence South 00 08’ 08" West a distance of 289.99 feet to a point; thence South 89 40’ 26" West a distance of 618.94 feet to a point; thence North 01 39’ 29" West a distance of 20.99 feet to a point; thence South 89 40’ 42" West a distance of 449.91 feet to a point; thence North 09 30’ 45" East a distance of 8.66 feet to a point; thence South 89 47’ 14" West a distance of 144.64 feet to a point; thence North 00 18’ 46" West a distance of 278.51 feet to a point; thence North 00 41’ 07" West a distance of 788.65 feet to a point; thence North 88 23’ 55" West a distance of 12.00 feet to a point; thence North 00 40’ 43" West a distance of 120.76 feet to the Point of Beginning containing 67.493 acres, more or less. R-O AREA 1 - LEGAL DESCRIPTION RESIDENTIAL OFFICE An area of land being "The Knolls At Hillcrest" subdivision and a portion of Tract 1 of Certificate of Survey No. 2047 located in the E‰E‰ of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 18, bears North 37 08’ 08" East a distance of 2171.81 feet; thence North 00 40’ 43" West a distance of 429.67 feet to a point; thence North 00 54’ 51" East a distance of 252.63 feet to a point; thence North 89 54’ 38" East a distance of 12.04 feet to a point; thence North 00 48’ 53" East a distance of 648.86 feet to a point; thence South 89 06’ 41" East a distance of 1229.62 feet to a point; thence South 10 37’ 12" West a distance of 840.10 feet to a point; thence south a distance of 282.26 feet along a non-tangential curve concave east having a radius of 1529.24 feet, a central angle of 10 34’ 31", a chord bearing of South 05 20’ 41" West and a chord length of 281.86 feet to a point; thence South 00 03’ 25" West a distance of 67.74 feet to a point; thence South 11 47’ 20" West a distance of 60.00 feet to a point; thence South 78 12’ 40" East a distance of 43.09 feet to a point; thence South 15 56’ 50" West a distance of 38.01 feet to a point; thence south a distance of 123.53 feet along a tangential curve concave west having a radius of 120.00 feet, a central angle of 58 58’ 54", a chord bearing of South 45 26’ 17" West and a chord length of 118.15 feet to a point; thence South 74 55’ 43" West a distance of 41.73 feet to a point; thence South 20 01’ 35" East a distance of 271.79 feet to a point; thence south a distance of 137.05 feet along a tangential curve concave west having a radius of 400.00 feet, a central angle of 19 37’ 53", a chord bearing of South 10 12’ 39" East and a chord length of 136.38 feet to a point; thence South 00 23’ 42" East a distance of 109.77 feet to a point; thence South 89 36’ 18" West a distance of 863.80 feet to a point; thence North 00 23’ 42" West a distance of 240.09 feet to a point; thence north a distance of 188.33 feet along a tangential curve concave east having a radius of 350.00 feet, a central angle of 30 49’ 46", a chord bearing of North 15 01’ 11" East and a chord length of 186.06 feet to a point; thence North 30 26’ 04" East a distance of 135.50 feet to a point; thence northwest a distance of 50.06 feet along a non-tangential curve concave southwest having a radius of 238.00 feet, a central angle of 12 03’ 08", a chord bearing of North 63 05’ 41" West and a chord length of 49.97 feet to a point; thence North 69 07’ 14" West a distance of 25.67 feet to a point; thence South 89 19’ 17" West a distance of 264.45 feet to the Point of Beginning containing 44.621 acres, more or less. R-3 AREA 1 - LEGAL DESCRIPTION RESIDENTIAL MEDIUM DENSITY An area of land being "The Knolls At Hillcrest" subdivision and a portion of Tract 1 of Certificate of Survey No. 2047 located in the E‰E‰ of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 18, bears North 37 08’ 08" East a distance of 2171.81 feet; thence South 00 40’ 43" East a distance of 120.76 feet to a point; thence South 88 23’ 55" East a distance of 12.00 feet to a point; thence South 00 41’ 07" East a distance of 788.65 feet to a point; thence South 00 18’ 46" East a distance of 278.51 feet to a point; thence North 89 47’ 14" East a distance of 144.64 feet to a point; thence South 09 30’ 45" West a distance of 8.66 feet to a point; thence North 89 40’ 42" East a distance of 449.91 feet to a point; thence South 01 39’ 29" East a distance of 20.99 feet to a point; thence North 89 40’ 26" East a distance of 618.94 feet to a point; thence North 00 08’ 08" East a distance of 289.99 feet to a point; thence North 00 04’ 18" East a distance of 186.60 feet to a point; thence North 03 26’ 15" East a distance of 187.73 feet to a point; thence North 00 03’ 18" East a distance of 304.84 feet to a point; thence North 90 00’ 00" West a distance of 81.11 feet to a point; thence North 20 01’ 35" West a distance of 266.32 feet to a point; thence southwest a distance of 95.37 feet along a non-tangential curve concave northwest having a radius of 120.00 feet, a central angle of 45 32’ 12", a chord bearing of South 52 09’ 37" West and a chord length of 92.88 feet to a point; thence South 74 55’ 43" West a distance of 41.73 feet to a point; thence South 20 01’ 35" East a distance of 271.79 feet to a point; thence south a distance of 137.05 feet along a tangential curve concave west having a radius of 400.00 feet, a central angle of 19 37’ 53", a chord bearing of South 10 12’ 39" East and a chord length of 136.38 feet to a point; thence South 00 23’ 42" East a distance of 109.77 feet to a point; thence South 89 36’ 18" West a distance of 863.80 feet to a point; thence North 00 23’ 42" West a distance of 240.09 feet to a point; thence north a distance of 188.33 feet along a tangential curve concave east having a radius of 350.00 feet, a central angle of 30 49’ 46", a chord bearing of North 15 01’ 11" East and a chord length of 186.06 feet to a point; thence North 30 26’ 04" East a distance of 135.50 feet to a point; thence northwest a distance of 50.06 feet along a non-tangential curve concave southwest having a radius of 238.00 feet, a central angle of 12 03’ 08", a chord bearing of North 63 05’ 41" West and a chord length of 49.97 feet to a point; thence North 69 07’ 14" West a distance of 25.67 feet to a point; thence South 89 19’ 17" West a distance of 264.45 feet to the Point of Beginning containing 22.872 acres, more or less. PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 1 SHEET OF Sec.T.R. 1/4 1970 Stadium Drive, Suite B Bozeman, MT 59715 586.5599 Office 586.4490 Fax 1 021-01 NH TG TG 18 2 S.6 E. 8-28-08 KNOLLS AT HILCREST ZONE MAP AMENDMENT ZONING MAP COVERING THE KNOLLS AT HILLCREST SUBDIVISON AND A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No. 2047 LOCATED IN THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M. CITY OF BOZEMAN, STATE OF MONTANA KW ZMA »¿” ZONE AREA MAP »¿” LEGAL DESCRIPTIONS »¿” VICINITY MAP Scale 1" = ’200 BASIS OF BEARING Geodetic North at Lat. N 45 39’ 56.10264" Long. W 111 01’ 26.38512" OPUS - NAD 83(CORS96) (EPOCH:2002.0000) N Survey Legend Zone Area Boundary Parcel Boudary or Right-Of-Way Section Corner Point of BeginningP.O.B. City of Bozeman Zoning Legend R-3 (Residential Medium Density) R-O (Residential Office) P.O.B. R-3 AREA 1 22.872 ACRES R-O AREA 1 44.621 ACRES sec. 7 SEC. 8 Sec. 18 SEC. 17 JOSEPHINE DRIVEKENYON DRIVEPOST DRIVEASP E N POINTE DRIVE HIGHLAND BOULEVARDOLD HIGHLAND BOULEVARDKENYON DRIVEIDA AVEMAIN STREET BOZEMAN BOZEMAN DEACONESS HEALTH SERVICESPROJECT AREA KNOLLS DRIVE VICINITY MAP SCALE 1" = 4000’ 83