HomeMy WebLinkAboutOrdinance 02- 1558 Amends zoning map, Butcher, Harrington
ORDINANCE NO. 1558
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN
INITIAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL SINGLE-FAMILY, MEDIUM
DENSITY DISTRICT) AND "R-3A" (RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY
DITRICT) ON 18.7 ACRES SITUATED IN THE SOUTH HALF, NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
MONTANA, AND LOCATED NORTH OF WEST BABCOCK STREET AND EAST OF
V ALLEY DRIVE.
WHEREAS, the proposed zone map amendment to establish an initial zoning designation of "R-3",
(Residential, Medium Density District) and "R-3A" (Residential Two-Family, Medium Density District) on
18.7 acres has been properly submitted, reviewed and advertised; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on August 21, 2001,
to receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the City of Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be denied, but recommended an alternate zoning designation
of "R-2" (Residential Single-Family, Medium Density District) and "R-3A" (Residential Two-Family, Medium
Density District); and
WHEREAS, after proper notice, a public hearing was set before the City Commission on September
4, 2001, to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, on September 4, 2001, the public hearing was opened and continued to September
17,2001, and
WHEREAS, the City Commission held its public hearing on September 17, 2001, to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, fourteen (14) individuals from the general public spoke in opposition to the zone map
amendment or expressed concern regarding appropriate land use patterns and balance of residential
types; and
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WHEREAS, the City Commission, pursuant to its Rules of Procedure, elected to postpone its
decision one week; 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, at its meeting held on September 24, 2001, the City Commission found that 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.
3505, adopted on the 19th day of February, 2002.
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-2" (Residential Single-Family, Medium Density District).
A parcel of land being a tract described in a deed recorded on Document No. 2009278 and
a portion of a tract described on Film 143, Page 1045, all of Gallatin County records, said
parcel being located in the South Half of the Northwest Quarter of Section 11, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and being
more particularly described as follows:
Beginning at a point on the south line of said South Half of the Northwest Quarter of Section
11, said point being 665.4 feet easterly of the southwest comer thereof; thence North 0'46'
East, a distance of 1335.87 feet, more or less, to a point on the north line of said South Half
of the Northwest Quarter of Section 11, said point being 708.4 feet easterly of the northwest
corner thereof; thence North 89'28'03" East, along said north line, a distance of 161.7 feet;
thence South 00'42'03" West, a distance of 1 013.5 feet; thence North 89'24' East, a
distance of 166.8 feet; thence South 00'42'03" West, a distance of91.8 feet to the northeast
corner of a survey recorded in Book 138, Page 326 of Gallatin County records; thence
South 89'24' West, along the north line of said survey, a distance of 85 feet; thence South
DO' 42'03" West along the west line of said survey, a distance of 230 feet to a point on the
south line of the South Half of the Northwest Quarter of Section 11; thence South 89'24'
West, along said south line, a distance of 245 feet to the Point of Beginning.
The computed area of the herein described parcel is 5.8 acres, more or less.
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Section 2
That the zoning district designation of the following-described property is hereby initially established
as "R-3A" (Residential Two-Family, Medium Density District).
A parcel of land being Tract 1 of Certificate of Survey No. 2276, the tract described in the
deed recorded on Film 146, Page 1827, and a portion of the tract described in the deed
recorded on Film 143, Page 1045, all of Gallatin County records, said parcel being located
in the South Half of the Northwest Quarter of Section 11, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana and being more particularly
described as follows:
Beginning at the northeast corner of a survey recorded in Book 138, Page 326 of Gallatin
County records; thence North 00.42'03" East, a distance of 91.8 feet; thence South 89.24'
West, a distance of 166.8 feet; thence North 00.42'03" East, a distance of 1013.5 feet to a
point on the north line of said South Half of the Northwest Quarter of Section 11, thence
North 89.28'03" East, along said north line, a distance of 496.8 feet to the northwest comer
of the plat of Willow Subdivision; thence South 00042'03" West, along the west line of the
plat of Willow Subdivision, a distance of 985.22 feet; thence South 89024'00" West, along
the north line of Tract 2 of said Certificate of Survey No. 2276, a distance of 136.58 feet;
thence South 00.45'50" West, along the west line of said Tract 2, a distance of 349.51 feet
to the south line of the South Half of the Northwest Quarter of Section 11; thence South
89024' West, along said south line, a distance of 193 feet to the southeast corner of said
survey recorded in Book 138, Page 326; thence North 00.42'03" East, along the east line
of said survey, a distance of 230 feet to the Point of Beginning.
The computed area of the herein described parcel is 12.9 acres, more or less.
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 25th day of February ,2002.
d~
STEVEN R. KIRCHH , Mayor
ATTEST:
9~"j ~
ROBIN L. SULLIVAN
Clerk of the Commission
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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 18th day of
March ,2002.
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ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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EXHIBIT
BUTCHER, HARRI~IGTON, TODD & DAVIS
ZONE MAP AMENDMENT
LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M.
GALLATIN COUNTY, MONTANA
COMPUTED AREA: 18.7 ACRES
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