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Home My WebLink AboutOrdinance 05- 1638 Amends zone map, Durston & Cottonwood) ORDINANCE NO. 1638 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 5.6188:!: ACRES SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF DURSTON ROAD AND EAST SIDE OF NORTH COTTONWOOD ROAD. WHEREAS, the proposed zone map amendment to establish an initial zoning designation of "R- 4", (Residential High Density District) on 5.1688:t acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on June 17, 2003, 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 July 14, 2003, 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, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and WHEREAS, the City Commission found that a "R-4", (Residential High Density District) zoning designation for the proposed zone map amendment would be in compliance with the City of Bozeman Growth Policy and would be in the public interest upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 3796, adopted on the 2nd day of May, 2005. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the following-described property is hereby initially established as "R-4" (Residential High Density District). A tract of land being Certificate of Survey No. 985 located in the Northwest One- Quarter of Section 10, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County State of Montana and being more particularly described as follows. Beginning at the Northwest corner of said Section 10; thence East along the East- West Section Line, a distance of 45.00 feet, to the true point of beginning; thence East, along the East-West Section Line, a distance of 600.00 feet; thence South .n . _.." u..._.___ 01.06'05" West, a distance of 408.00 feet; thence West, a distance of 600 feet; thence North 01.06'05 East, a distance of 408.00 feet, to the true point of beginning. Said Tract of land being 5.6188 acres more or less along with and subject to any and all existing easements of record or of fact Section 2 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 2nd day of May, 2005. AN ATTEST: ~,/~ R BIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana. on second reading, at a regular se ion thereof held on the 16th day of 2005 May ~. AN ATTEST: ~~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: /"1 lf~lt;0~ PAdL . LUW City Attorney - 2 - .....- . -- ........ NORTH 40 ZONE MAP AMENDMENT .t OF VICINITY MAP ~ ~ + ,I I I CERTIFICATE OF SURVEY NO, 985 Not To Scale ,J..~ ,~,,+0 I 1 l ,,,f!:~~~ I I A TRACT OF LAND LOCATED IN THE NW 1/4, SEC 10, T28, R5E, PMM, GALLATIN COUNTY, MONTANA ~ ~h#~ II . v;...\' ,) '% (... I I ,<,I< . P~$;~ ~,5j' I I' (COUNTY ZONING A-SI R': c,.~'~~ ?~/ ',0.:0 G! I 'J.~'.s,~\;, ,.' ,.....Q ...... "....r"" 0'.i:! t .~'.I ;,~s, ~. 0' L ',' -=-~="~4~j,;*~,;=': ~--:- - - --:_-=.-~ -. ..~. .,,,;,;:,~=~;o~~~~ -i-j:~= = l=~==2 .F-~~<-,~~,j~ 'Ii ~ ~ 15 ;;.- g,r;;ASSClP OT( UMITSl >_. ~ -=- - -=- - -=- - -=- - -=- - -=-- -=- - -=- - -=- - -=- - -=- - -=- - -=- - -=- - -=- - I--=-- -=- - -;-=- - OTY LiMiiS - -=- - ~ I I ~ 1 ~ I ~ ~:, ~ ( 1 : 'i ~ I I gi, I Tract 1 LEGAL DESCRIPTION "I', 8 I C.O.S. No. 985 Co, :. ~ 5.6188 Acres ;;; .. . (ZONED PLI) Ii.... i ". ~ (ZONED R-3) A tract of land located In the Northwest 1/4 of Section 1 0, Township 2 . :g, ,"', I " '" , \..~.. South, Range 5 East, Principal Meridian Montana, Gallatin County, 'I II jg 8 (R-4 ZONING) ~ ;,., , ~i--t.S:c~ 1,,:)>1< Montana, and being more particularly desClibed as follows: ~~ i ~ ~ I '" ~ ~~ c '0\.';~::"J,,\I\')' " ? _ ..., ~ 110\1. 1~' cJV cRO~i--f"' I : ' , ~ is \3C\\<~~ ''(<is\ .' Beginning a1 the Northwest comer of said Section 10; o , ! I v, . ~'::~~ Thence East along the East-West Section Line, a distance of 45,00 feet, , I . ~ to the true point of begi n ni ng ; Thence East, along the East-West Section Line, a distance of 600.00 feet; Thence South 01" 06' OS" West, a distance of 408.00 feet; I Thence West, a distance of 600 feet; 1 (15'0' I Th e n ce North 01 . 06' 05 East, a d istan ce of 408.00 feet, to the tru e point g ! EXIST. i5i~ENT of beginning. ~ I' ! ,,' I Said Tra~t ~f land being 5.6188 acres more or less along with and subject ~ to any eXisting easements. , I i I WEST 600. co' CiT( LiMITS ~ I H J/' C!)fI '+; ~ SEC. IQ F"D,i" "',, I I , N = BRASS CAP, ' ~ (ZONED R-MH) I I: I I (ZONEDR-3) .'S,,":'<, ~~ ~ ~~ /.' ~ NORTH 40 ZMA -:: ' I I ~'"~ cf >',,01' ~,1t.~'~~~,;\.~J\3V"~\':J ~ EXHIBIT MAP ~ \~/-~,~~:",~s. 100 D ~OO : ~ ",\.\.~' ::;;--- feet ENGINEERING - 04CJ64.iOI DEC 2004 Cap yrigh t @ 2004 ",KM Eng ineerin 9 I~c., All Rights Reserved.