HomeMy WebLinkAboutOrdinance 12- 1845 Amending Zone Map to include Lot 4A, Minor Subdivision 35C as R-S s
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ORDINANCE NO. 1845
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF LOT 4A, MINOR SUBDIVISION 35C AND ADJACENT RIGHT-OF-WAYS,
LOCATED IN THE NE % OF SECTION 25, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
P.M.M. AS "R-S" (RESIDENTIAL SUBURBAN DISTRICT) FOR 6.564 ACRES
LOCATED IN THE SWI/4 OF SECTION 3, T2S, R5E, PMM, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of "R-1" (Residential Single Household Low-Density District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 15, 2012,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission did not recommend 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 June 11,
2012, 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 thirteen zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment to R-1 would not be in compliance with the thirteen criteria but that R-S
(Residential Suburban District)would be; and
WHEREAS, the applicant's representative informed the City Commission that R-S
ORDINANCE NO. 1845
Page I of 5
zoning would be acceptable to the property owner; and
WHEREAS, at its meeting held on June 11, 2012, 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 if R-S was the adopted initial zoning.
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
designated as "R-S" (Residential Suburban District):
A parcel of land, said parcel being Lot 4A,Minor Subdivision 35C and adjacent right-of-ways,
located in the NE '/4 of Section 25, Township 2 South, Range 5 East,P.M.M. said parcel being
further described as follows:
Legal Description (Lot 4A)
Lot 4A, Minor Subdivision No. 35C, according to the plat thereof, on file and of record in the
office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter
of Section 25,Township 2 South, Range 5 East,Principal Meridian,Montana, and further
described as follows:
Beginning at the southeast corner of said Lot 4A;thence westerly 269° 40' 00", assumed azimuth
from north, 630.09 feet along the south line of said Lot 4A to a point on a curve with the center
of circle lying westerly 285° 10'42" azimuth 1534.89 feet from said point; thence on the
following courses along the boundary of said Lot 4A;
northerly 403.85 feet along said curve, radius 1534.89 feet and central angle 015' 04' 31
northerly 000' 06' 11" azimuth 69.39 feet, tangent to said curve;
easterly 089' 40' 00" azimuth 325.29 feet;
southeasterly 151°43' 00" azimuth 530.00 feet to the point of beginning.
Area=218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing
easements.
Legal Description (South 3rd Avenue RM
That part of South Third Avenue described as follows:
Beginning at the southwest corner of Lot 4A,Minor Subdivision No. 35C (the south line of said
Lot 4A has an assumed azimuth from north of 269° 40' 00"); thence westerly 285° 10'
42"azimuth, 77.50 feet to a point on a curve with the center of circle lying westerly 285° 10' 42"
ORDINANCE NO. 1845
Page 2 of 5
azimuth 1457.39 feet from said point; thence northerly 383.46 feet along said curve, radius
1457.39 feet and central angle 015' 04' 31"; thence northerly 000' 06' 11" azimuth 69.29 feet,
tangent to said curve; thence easterly 090' 06' 11" azimuth 65.00 feet; thence easterly 089' 40'
00" azimuth 12.50 feet to the northwest corner of said Lot 4A; thence southerly 180' 06' 11"
azimuth 69.39 feet along the western boundary of said Lot 4A; thence southerly 403.85 feet on a
tangential curve, concave to the west,radius 1534.89 feet and central angle 015' 04' 31" along
the west line of said Lot 4A to the point of beginning.
Area= 35,879 square feet, 0.8237 acres or 3,333.3 square meters. Subject to existing easements.
Legal Description(Good Medicine Way R/W)
That part of Good Medicine Way described as follows:
Beginning at the southeast corner of Lot 4A, Minor Subdivision No. 35C; thence northwesterly
331' 43' 00", assumed azimuth from north, 530.00 feet along the east line of said Lot 4A to the
northeast corner of said Lot 4A; thence northeasterly 0610 43' 00" azimuth 60.00 feet to the east
right-of-way line of Good Medicine Way, thence southeasterly 151° 43' 00" azimuth 529.88'
along said east right-of-way line; thence southwesterly 241° 36' 09" azimuth 60.00 feet to the
point of beginning.
Area= 31,796 square feet, 0.7299 acres or 2,953.9 square meters. Subject to existing easements.
The described parcel has an area of 6.564 acres, more or less and is along with and subject to any
existing easements and includes adjacent un-annexed Road R/Ws for South 3`d Avenue and
Good Medicine Way as described on the Mahar Good Medicine Way Zone Map Amendment.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
ORDINANCE NO. 1845
Page 3 of 5
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled"Zoning Map Amendments."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading, at a regular session thereof held on the 15th day of October 2012.
SEAN A. HECKER
Mayor
ATTEST:
— 3Z U44�VeDl,
STACY CMC
City Clerk
ORDINANCE NO. 1845
Page 4 of 5
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 5"' day of
November, 2012.
SEAN A. BECKER
Mayor
ATTEST:
ST CY L N, CMC
City erk
APPROVE TO FORM:
i
G SULLIVAN
City Attorney
ORDINANCE NO. 1845
Page 5 of 5
MAHAR GOOD MEDICINE WA Y ZONE MAP AMENDMENT
LOCATED IN THE NE 114 OF SEC. 25, T. 2 S., R. 5 E.
OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
EXISTING ZONING: R-S ENv couRT -
(COUNTY) Tgp1Ls LOT 13
` REARRANGEMENT OF SUBD'.'d
NO. 8-8 OF SOURDOUGF
LOT 3 \ CREEK PROPERTIES
MINOR SUB NO 35-A
[Na9'so'Go'E
\\ `\ LOT 12 \\
089'4VOO I `\ �''It\ REARRANGEMENT OF SUBDIV. `\
12-50 I no-castors YPG \ N6�a,5j � NO. 8-6 OF SOURDOUGH \
[N90'Gfi91`E]`,�� I Fnd.Gaston YPC [N89-40'00`E) \t�� \
090V6'11, 08T40'00'
\ 6p' CREEK PROPERTIES
65.00
325.29
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EASE WDEENT PER MI ACCESS AND UTILITY
a ,O EASEMENT PER MINOR SUBDIVISION No.358
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TEMPORARY EASEMENT
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!!�N74 qg 18 Fnd.Goslon YPC-,---, 265 00"
FJ0.Gaston YPC [S89-40.00"W)
P OPEN SPACE P84rtRPCNo.3111T OF 5
SUNDANCE SPRINGS, PHASE 18 EXISTING ZONING: R-S OPEN S�ZE ''
Fnd.MM YPC (CITY) SUNDANCE SPRINGS, PHASE to r
LEGAL DESCRIPTION CLOT 4A)
Lot 4A, Minor Subdivision No. 35C, according to the plot thereof, on file and of record in the office of the Clerk and Recorder,
Gallatin County, Montana, and located in the Northeast Quarter of Section 25. Township 2 South, Range 5 East, Principal
Meridian, Montana, and further described as follows;
Beginning at the southeast comer of said Lot 4A; thence westerly 269' 40' 00, assumed azimuth from north, 630.09 feel
olong the south line of said Lot 4A to a point on a curve with the center of circle lying westerly 285' 10' 42" azimuth
N 1534.89 feel from said point; thence on the following courses along the boundary of said Lot 4A;
northerly 403.85 feet along said curve, radius 1534.89 feel and central angle 015' 04' 31";
northerly OW 06' 11" azimuth 69.39 feet, tangent to said curve;
easterly 089' 40' 00" azimuth 325.29 feet;
southeasterly 151' 43' 00' azimuth 530.00 feel to the point of beginning.
Area - 218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing easements,
LEGAL DESCRIPTION (SOUTH 3RD AVE R/W)
That part of South Third Avenue described as follows:
Beginning at the southwest corner of Lot 4A, Minor Subdivision No. 35C (the south line of sold Lot 4A has on assumed
azimuth from north of 269' 40'00"); thence westerly 285! 10' 42"azimuth, 77.50 feet to a point on a curve with the center
of circle lying westerly 285' 10' 42" azimuth 1457.39 feet from said point; thence northerly 383.46 feet along said curve,
radius 1457.39 feel and central angle 016 04' 31"; thence northerly 0001 06' 11" azimuth 69.29 feet, tangent to said curve;
thence easterly 099 06, 11" azimuth 65.00 feet; thence easterly 089' 40. 00" azimuth 1250 feet to the northwest corner of
Scale In Feet said Lot 4A; thence southerly 18T 06' 11" azimuth 69.39 feel along the western boundary of said Lot 4A; thence southerly
0 0 0 403.85 feet on a tangential curve, concave to the west, radius 1534.89 feet and central angle 015' 04' 31" along the west
line of said Lot 4A to the point of beginning.
15 0 15 Area = 35.879 square feet, 0.8237 acres or 3,333.3 square meters. Subject to existing easements.
Seat.1.Wto- LEGAL DESCRIPTION (GOOD MEDICINE WAY R/W)
That part of Good Medicine described as follows:
Beginning at the southeastst corner of Lot 4A, Minor Subdivision No. 35C; thence northwesterly 331' 43' OD', assumed azimuth
FC7&-M- lfrom north, 530.00 feet along the east line of said Lot 4A to the northeast corner of said Lot 4A; thence northeasterly 061'
t„:-,ng end B-1.Yrn no, 43' W azimuth 60.00 feel to the east right-of-way line of Good Medicine Way, thence southeasterly 151' 43' 00" azimuth
529.88'along said east right-of-way line; thence southwesterly 241' 36' 09" azimuth 60.00 feet to the point of beginning.
Area = 31,796 square feet. 0.7299 acres or 2,953.9 square melera. Subject to existing easements.
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