HomeMy WebLinkAboutOrdinance 13- 1847 Zone Map Amendment R-S Ditton Co.
ORDINANCE NO. 1847
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF TRACT B-IA OF CERTIFICATE OF SURVEY NO. 2392B AND ADJACENT
RIGHT-OF-WAYS, LOCATED IN THE SE '/, OF SECTION 32, TOWNSHIP I SOUTH,
RANGE 6 EAST, P.M.M. AS "R-S" (RESIDENTIAL SUBURBAN DISTRICT) FOR 20.00
ACRES LOCATED IN THE SWI/4 OF SECTION 3, T2S, R5E, PM , GALLATIN
COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of"R-S" (Residential Suburban District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a 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 Bozeman Zoning Commission recommended 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-S (Residential Suburban District) would be in compliance with the thirteen
criteria; 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:
ORDINANCE NO. 1847
Page I of 4
Section 1
That the zoning district designation of the following-described property is hereby
designated as "R-S" (Residential Suburban District):
Legal. Description 134A)
A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East,
Principal Meridian, Gallatin County, Montana, being Tract B-IA of Certificate of
Survey 2392B as modified by right-of-way highway acquisition and being more
particularly described as follows:
Beginning at the south east corner of said Tract B-lA from which the southeast corner
of said Section 32 bears S 890 25'40" E 371.03 ft.; thence N 890 25'40" W 581.40 ft.
along the south line of said Section 32; thence N 20 14'30" E 472.65 ft; thence S 890
33' 56" W 223.35 ft.;thence S 890 05' 10" W 190.501 ft.;thence N 10 05' 03" W 451.35
ft. to a point on the southerly Right of Way of Secondary Highway 293; thence, along
said Right of Way, easterly 23.88 ft. along a non-tangent curve to the left with a radius
of 1196.00 ft. a central angle of 1 o 08' 38" and a chord that bears N 820 42' 34" E 2188
ft.; thence S 70o 19'40" E 60,24 ft,; thence easterly 160.34 ft. along a non-tangent
curve to the left with a radius of 1225.00 ft., a central angle of 7o 29' 58" and a chord
that bears N 75o 54' 171" E 160.23 ft.; thence N 65o 33' 01" E 53.57 ft.; thence easterly
319.37 ft. along a non-tangent curve to the left with a radius of 1220.00 ft., a central
angle of 14o 59' 56" and a chord that bears N 62o 09'21" E 318.46 ft.; thence N 38o
35'' 33" E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent curve to the left
with a radius of 1206.00 ft., a central angle of 20 001' 28"' and a chord that bears N 51 o
09' 09" E 42.26 ft.; thence N 50o 08' 55" E 109.84 ft.; thence N 75o 47'23" E 55.46 ft.;
thence N 50o 08' 55" E 212.82 ft.; thence, leaving said Right of Way, S 10 19" 28" E
1407.18 ft to the point of beginning containing 19.42 acres.
Legal Description Hi hwa 86/Brid er Drive R/W
A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East,
Principal Meridian, Gallatin.County, Montana, being part of Tract B-1A of Certificate
of Survey 2392B and being more particularly described as follows:
Beginning at a point on the highway right of way from which the north west corner of
said Tract B-IA bears S82o 42' 34"W 23.88 ft.;thence S 70o 19'40" E 60.24 ft.; thence
easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a
central angle of 7o 29' 58" and a chord that bears N 75o 54' 17" E 160.23 ft.; thence N
65o 33" 01" E 53.57 ft.; thence easterly 319.37 ft. along a non-tangent curve to the left
with a radius of 1220.00 ft., a central angle of 14o 59' 56" and a chord that bears N 62o
09' 21" E 31.8.46 ft.; thence N 38o 35' 33" E 54.74 ft.; thence northeasterly 42.26 ft
along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 20
00' 28" and a chord that bears N 51 o 09' 09" E 42.26 ft.; thence N 50o 08' 55" E 109.84
ORDINANCE NCI. 1847
Page 2 of 4
ft.; thence N 75o4723" E 55.46 ft., thence N 50o 08' 55" 11212.82 ft., thence,N 1 o
19'28" W 43.46 ft. thence S 50o 08' 55" W 399.73 ft. thence southwesterly 668.06 ft.
on a curve to the right with a radius of 1196.00, and a central angle of 32o 00"20"to
the point of beginning containing 0.58 acres.
The described parcel has an area of 20.00 acres, more or less and is along with and
subject to any existing easements and includes adjacent un-annexed road right-of-way for
Highway 86fBridger Drive as described on the Ditton Annexation Map.
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.
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.
ORDINANCE NO. 1847
Page 3 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the 28th day of January 2013.
�SEAN A. B9'CKER
Mayor
ATTEST:
ED
STAd-1;'UL CMC
CMC
City Clerk
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 25th day
of March, 2013.
SEAN A. BECKER
Mayor
ATTEST:
U
STAC U r
' CMC
City Cle
r7
APPROV DA OFORM:
GINGSULLIVAN
City ttorney
ORDINANCE NO. 1847
Page 4 of 4
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