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Home My WebLink AboutOrdinance 04- 1613 Amends zone map, Melcalf ORDINANCE NO. 1613 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 DESIGNATION OF "R-O" (RESIDENTIAL OFFICE DISTRICT) ON THE NORTH 1 0.96 ACRES AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON THE SOUTH 28.96 ACRES LEGALLY DESCRIBED AS TRACT A, C.O.S. 2389, LOCATED IN THE SE%, SECTION 4, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "R-Q" (Residential Office District) on the north 10.96 acres and "R-Q" (Residential Medium Density District) on the south 28.96 acres, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on December 16, 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 January 20, 2004, 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, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on January 20, 2004, 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 upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 3680, adopted on the 19th day of April, 2004. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the following described tract is hereby initially established as "R-Q" (Residential Office District) on 10.96 acres of land, to wit: A parcel of land being a portion of Tract A, C.O.S. 2389, located in the SE~, Section 4, T2S, R5E, P.M.M., Gallatin County, Montana: Commencing at the Southeast Comer of said Section 4; thence westerly 269055'30", assumed azimuth from north, 660.93 feet along the south line of the Southeast Quarter of said Section 4, thence northerly 001003'01" azimuth 1907.06 feet along the west line of said Tract A to the point of beginning; thence continuing northerly 001 003'01" azimuth 718.79 feet along said west line; thence easterly 89035'55" azimuth 662.43 feet along the east-west quarter section line of said Section 4; thence southerly 181004'49" azimuth 723.44 feet along the east line of the Southeast Quarter of said Section 4; thence westerly 090000'00" azimuth 661.95 feet to the point of beginning. . .-.....----- - __.._....u___ Section 2 That the following described tract is hereby initially established as "R-3" (Residential Medium Density District) on 28.96 acres of land, to wit: A parcel of land being a portion of Tract A, C.O.S. 2389, located in the SE%, Section 4, T2S, R5E, P.M.M., Gallatin County, Montana: Beginning at the Southeast Corner of said Section 4; thence westerly 269.55'30", assumed azimuth from north, 660.93 feet along the south line of the Southeast Quarter of said Section 4, thence northerly 001.03'01" azimuth 1907.06 feet along the west line of said Tract A; thence easterly 090.00'00" azimuth 661.95 feet; thence southerly 181.04'49" azimuth 1907.94 feet along the east line of the Southeast Quarter of said Section 4 to the point of beginning. Section 3 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 19th day of April 2004. ATTEST: ~s~~ 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 t 3rd day of May 2004. / A ATTEST: ~~Li:~ Clerk of the Commission AS TO FORM: - 2 - -- METCALF ANNEXA TION PROPERTY - ZONE MAP AMENDMENT BEHJ TRACT 'A' OF cas. 2889 r...:r LOCA TED II 71E SOUTH tI2 OF SECTION 4, T. 2 s.. R. 6 E. OF PMM. CITY OF BOZEAIAAC GALLA"'" COUITY, MONTANA TOTAL ARE4 39.919 ACRES ZONING SUMMARY .--ZO!iE- ~ R3 28.9599 Acres R-O 10.9594 ,",re. TOTAL 39.9193 Acres I \ S.,"" [n ,..t I 200 0 200 I \ , - , , 60 0 60 I Soa.r.. In M.f.-r. VICI NITY UNPLATTED I NOT TO SCAL~ COUNTY ZONING AS I UNPLATTED I COUNTY ZONING AS _-' [N89'3S'SS"E] -',_ / oerJD'gp- " I / 882.43 (M) "\ I "/E S T 0 A K S T R E ~ ~L 1/4 CORN~R S~C. 4, T. 2 S.. R. 5 L ___ ,W"n,_,. ___ _ _ ~_.., - - --- ---, __ ___' ._._ _ ~M.~.:. ~.:.LATIN C~~~ M~_TA~ ~"., -- __""r LEGAL DESCRIPTION - / PROPERTY TO BE REZONED , , , , A tract of lond being Trott A of Certificate of Survey No. , , 2389, according to the plot thereof. on filo and of rocard , , in the office of the Clerk ond Recorder, Gallatin County, , , Montano. located in the Southeost Quarter of Section 4. , , i!: Township 2 South, Range 5 Eost of P.M.M., Gallatin , R-O ;,. , .. County, Montano, and further de.cribed o. follows: , .; 477,395 .q. ft. , ::j , ,... 10.9594 acres Beginning at the Southeost Corner of said Section 4; , ,... thence westerly 269' 55' 30", a.sumed ozimulh from north, 660.93 foot alan9 tho .outh line of the Southeast Quarter of sClid Section 4; thonco northerly 001' 03' 01" azimuth 2625.85 feel along Ihe wesl lino of said Tract A; ~ Ihonco oastorly 089' 35' 55" azimuth 662A3 feel along ........ the east-west quarter 5ection line of said Section 4; thenco sauthorly 181' 04' 49" azimuth 2631.38 feet along 09CfOO'OCl' CI:: the east line of the SoutheO$t Quarter of scid Section 4 661.95' 10 the paint of beginning. . 0 Areo ~ 1.736,886 sq. fool, or 39.91g3 aCres N ZONING PARCEL DESCRIPTIONS TRACT A, ...... EAST LlN~ OF S~ 1/4 or S~CTION 4 Zonina R-3: C.O.S. No, 2389 c Beginning at the 50uth8(1$t Corner of said Section 4: -< thence westerly 269" 55' 3et, assumed Clzimuth from ~ 0 ~~ north, 660.93 foot along tho .outh line of the Southeo.t ~........ ........;c )oJ. CI:: Quarter of said Section 4, thonc. northerly 001' 03' Boll 111 ~ '0, 01" azimuth 1907.06 feet olong tho wost lino of said 8~1 . '<t Trect A; tho nee easterly 090' 00' od' azimuth 661.95 C ;~'v feet; thonco sauthorly 181' 04' 49" azimu1h 1907.94 138 0 lie feet along the ea.t lino of tho Southeast Quarter of 0 ..0 ooid Section 4 to the poinl of beginning. ~ !:2, ~ UNPLATTED Area ~ 1.261.492 sq. ft. or 28.9599 acre. Z COUNTY ZONING 0 DISTRICT No. 1 ZoninCl R-O: