HomeMy WebLinkAboutOrdinance 05- 1627 Amends zone map, Vandermolen
ORDINANCE NO. 1627
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 40.22:1: ACRES SITUATED IN THE NORTHEAST ONE~QUARTER
OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
MONTANA, lYING ALONG THE SOUTH SIDE OF BAXTER LANE STREET AND
EAST SIDE OF NORTH 27TH AVENUE.
WHEREAS, the proposed zone map amendment to establish an initial zoning designation of
"R~4", (Residential High Density District) and "B~1". (Neighborhood Business District) on 40.22:t acres
has been properly submitted, reviewed and advertised; and
WHEREAS. the City of Bozeman Zoning Commission held a public hearing on March 2, 2004,
to receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS. no members of the general public spoke in favor of or. in opposition to, the
proposed "R-4" and "B~1" zoning designations on said lands; and
WHEREAS, the City of Bozeman Zoning Commission found that the request for a zone map
amendment to establish a "B-1" (Neighborhood Business District) zoning designation would not comply
with the twelve (12) criteria established in Title 76-2-304, MCA; and
WHEREAS. the City of Bozeman Zoning Commission found that the request for a zone map
amendment to establish a "R~4" (Residential High District) zoning designation would comply with the
twelve (12) criteria established in Title 76~2-304. MCA; and
WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman
City Commission that the zone map amendment be approved as "R~4" (Residential High Density District)
on the entire 40.22 acres, and that the request for a "B~1" (Neighborhood Business District) on 4.0 acres
be denied. passed on a vote of 5~0; and
WHEREAS, after proper notice, a pUblic hearing was set before the City Commission on April
5, 2004, to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the City Commission opened and held its public hearing on AprilS, 2004, to receive
and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, no members of the general public spoke in opposition to the proposed "R-4" zoning
designation for said zone map amendment; and
WHEREAS, the City Commission, finding there was no public testimony elected to waive its
Rules of Procedure to postpone its decision one week and make a decision on said matter; 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 Bozeman Area
Master Plan 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.
3774, adopted on the 22nd day of February, 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 initially
established as "R-4" (Residential High Density District):
A tract of land being Tract 1 and Tract 2 of Certificate of Survey No. 1256, located
in the Northeast One-Quarter of Section 2, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana, and being more particularly
described as follows:
Beginning at the North One-Quarter Corner of said Section 2, thence North
89045'18" East, along the north line of said Section 2 a distance of 1323.67 feet;
thence South 01037'32" West, along the east line of said Tract 2 a distance of
1325.75 feet; thence South 89046'22" West, along the south line of said Tracts 1
and 2 a distance of 1321.20 feet; thence North 01031 '11" East, along the west line
of said Tract 1 a distance of 1325.26 feet to the Point of Beginning.
Said Tract of land being 40.22 acres of land, more or less, along with and sUbject
to 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.
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PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 22nd day of February 2005.
AN
ATTEST:
~iu~
Clerk of the Commission
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 7th day of March 2005.
~~
AN W. E RO. Mayor
ATTEST:
~/b~_
RO N L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
--;....-( J,o~~{(
TIMOTHY A. COO E -
Acting City Attorney
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. --...----...-----
V ANDER MOLEN ZONE MAP AMENDMENT
BEING TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY No. 1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE
5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
POINT OF
ZONING COUNTY
ZONING
BEGINNING
BP
B2
BAXTER LANE - - -
- -
" I .11.7'
NECOANER!lEC.2
- - - -
- - - - - -" - - C~"'[!;IPOSlnOJlrM.LSQl\(
'KIIII'.:IIIIANHQI.r.[5r~sPlrD
- -
POSlTlOrol
fROM R.P".
'liHt()~ ~t, ~ 2.p,7&8
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CITY
LIMITS
i1 CITY
~ LI M I TS
1-
ZONING
R3 I
COUNTY
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TRACT 2
IF I
PROPOSED
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TRACT 1
"
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ZONING R4
a
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PROPOSED 20.11 acres
I
ZONING R4
20.11 acres
I I
PROPOSED
ANNEXA TION
I
BOUNDARY
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... 22". 1>>1.:0'
~
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- -. - - --
a 150 JOO
450
I ZONING
ZONING
ZONING ~...,. I
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I R3
R3
R3 SCALE: 1 INCH ~ JOO FEET
I
LEGAL DESCRIPTION
on
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A tract of land being Tract 1 and Tract 2 of Certificate
of Survey No 1256, ~
located in the Northeast One-Quarter of Section 2,
Township 2 South, Range 5 "
East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana, '"
.
and being more particularly described a5 follows:
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~
Beginning at the North One-Quarter Corner of said Section
2, thence North 89" 1
45'18" East, alang the north line of said Section 2
a distance of 1323.67 feet; (/)
-;;;
thence South 01'37'32" West, along the east line of
said Tract 2 a distance of ~
/'
1325.75 feet;
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u
thence South 89'46'22" West, along the south line of
said Tracts 1 and 2 a d .,
'"
.,.
istance of 1321.20 feet;
.,.
N
thence North 01'31'11" East, along the west line of
said Tract 1 a distance of I
'"
I
0
1325.26 feet to the Point of Beginning.
;;-
VICINITY MAP
Said tract of land being 40.22 acres, along with and subject to any existing
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easements.
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NOT TO SCALE
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PROJECT SURVEYOR: GlF"
FIGURE
Civil Engineering ~:21)ISCOY~Y f}IU\lE
2