HomeMy WebLinkAboutOrdinance 13- 1848 Zone Map Amendment Walker Property Subdivision ORDINANCE NO. 1848
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 9, BLOCK 1 OF WALKER PROPERTY SUBDIVISION AS "R-1"
(RESIDENTIAL, SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) FOR 1.92
ACRES LOCATED IN THE SW 1/40F SECTION 25, TOWNSHIP I SOUTH, RANGE 5
EAST, P.M.M., GALLATIN COUNTY,MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of "R-l" (Residential, Single-Household, Low Density District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 6, 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 August
6, 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 (Residential, Single-Household, Low Density District) would be in
compliance with the thirteen criteria; and
WHEREAS, at its meeting held on August 6, 2012, the City Commission found that
ORDINANCE NO, 1848
Page ] of
the proposed zone map amendment would be in compliance with Bozeman's adopted growth
policy and would be in the public interest if R-1 was the adopted initial zoning,
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
That the zoning district designation of the fallowing-described property is hereby
designated as "R-1" (Residential, Single Household, Low Density District).
Legal Dcscription (Lot 9 .Block 1, Walker Property Subdivision)
Lot 9, Block 1, Walker Property Subdivision, a Planned Unit Development [Plat J-154],
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 Southwest Quarter of Section 25, Township
I South, Range 5 East, Principal Meridian, Montana, and further described as follows.
Beginning at the most easterly comer of said Lot 9; thence southwesterly 230° 49' 13
assumed azimuth from north, 225.00 feet along the southeasterly line of said Lot 9;
thence northwesterly 317' 57' 11" azimuth 249.09 feet along the southwesterly line of
said Lot 9;thence northwesterly 333' 45' 36" azimuth 228.08 feet along said
southwesterly line to a point on a curve with the center of the circle lying southerly 164"
14' 24" azimuth 302.11 feet from said point; thence easterly 97.78 feet on said curve,
radius 3 02.11 feet and central angle 18' 32' 39"" along the north line of said Lot 9 to a
point on a curve with the center of the circle lying northeasterly 056' 28' 33" azimuth 50
feet; thence easterly 88.90 feet along said curve with a radius of 50.00 feet and a central
angle of 101® 52' 19" along said north line; thence southeasterly 133' 24'43" azimuth
369.00 feet along the northeasterly line of said Lot 9 to the point of beginning,
Area= 83,635 square feet, 1.920 acres or 7,769.9 square meters. Subject to existing
easements.
Legal Description (Gibson Drive KIWI
That part of Gibson Drive as dedicated on the plat of Walker Properties Subdivision, a
Planned Unit Development, 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 Southwest
Quarter of Section 25, Township I South, Range 5 East, Principal Meridian, Montana,
described as follows:
Beginning at the southwest comer of Lot 7, Block 1, said Walker Property Subdivision, a
Planned Unit Development, and being a point on a curve with the radius point lying
ORDINANCE NO. 1848
Page 2 of 4
southerly 165' 38' 55", assumed azimuth from north., 362.11 feet from said point; thence
easterly 111.12 feet on said curve, radius 362.11 feet and central angle 17' 34' 56", along
the north right of way line of Gibson Drive to a point on a curve with the center of circle
lying southeasterly 1301' 10' 50" azimuth 50.00 feet; thence easterly, southerly and
westerly 249.81 feet on last said curve with a radius of 50.00 feet and a central angle
286' 15' 43" along the right of way line of Gibson Drive to a point on a curve with the
center of circle lying southerly 183' 18' 18" azimuth 302.11 feet; thence westerly 97,78
feet on last said curve with a radius of 302.11 and a central angle of 18" 32' 39" along the
south right of way line of Gibson Drive; thence northerly 350' 3252' azimuth 60.11 feet
to the point of beginning.
Area= 13,704 square feet, 0.3146 acres or 1,273.1 square meters. Subject to existing
easements.
The described parcel has an area of 2.2346 acres, more or less and is along with and
subject to any existing easements and includes adjacent un-annexed road right-of-way for Gibson
Drive as described on the Lot 9, Block 1, Walker Property Subdivision Zone Map Amendment
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.
ORDINANCE NO. 1848
Page 3 of 4
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 at a
regular session thereof held on the 15th day of April 2013.
X\
Mayor
ATTEST:-- �'..--'
OTARYAL tl�
STAG YU CMq-
City Clkk IT"7,/, j I o
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on,
second reading, at a regular session thereof held on the 6th day of May, 2013.
-01SEAN A. BECI ER
ATTE�� Mayor
'14&L42s�-- Z
ST EN, Cite
city CIVAL
APPR VEIL AS TO FORM:
City X-f/torney
ORDINANCE NO. 1848
Page 4 of 4
LOT 9
BL OCK I
, WALKER PROPERTY SUBDIVISION RUD.
ZONE MAP AMENDMENT
LOCATED IN THE SW 114 OF SEC. 25, T. I S., R. 5 E.
OF P.M.M., GALLATIN COUNTY, MONTANA
v.
1-07 ?
k WAI-KER PHOPERTY SUBD
11"l I "RAH INiERVIVOS 'TRUST ST AORfFMFTrT
EXISTING ZONING; A-1
BLOCK 1 'I (CITY)
101 6 Lv7 3m 56°
2111151 J .DP P' , L
"OPERly U00, P U Lt " R
.362.11
HALL ARA 1411RVIVO TRUST ASREEME1,11
57L GIBSON DRIVE moo, __1
EXIST�N ON A--S
(COUNTY) -POWER&PHONE BOX
P"
97,7
4e,to 521
ATER CURB STOP FND.YPC(GASTON)
G "IALKLIR PROPRTY S UED
HARRY P & DDRLOillY MANKI
EXISTING ZONNG: A-S
IR (COUNTY)
LOT 9
83,635 M FT,
1.920 ACRES
PROPOM ZONle R-1
EXISTING ZONING. R•S (COUNTY)
BLOCK 1
LOT I OA
WALKER PRUPERlY SUDU F'.11,C, MOST E'L'M COR.LOT 9
(49 SHOWN ON VIINOR SUBD 147A) FND YPC(GASTON)
RCC R KIRK ,
2123155 �
EXISTING ZONING: A-S
(COUNTY)
did
Fill YPC(GASTON) A
FND 2'ALUM CAP
(ARROWHEAD)
LOT 1A
1AN.11 11ED, I 4 1A
hLNCE SUSAN ]AYLOR REVOCAULE RUST
7173`54
EXISTING ZONING. A-8
(COUNTY)
T'nT LEGAL- QESC RI RTIO N, — L-OT 9
Let IF,Black I RWalker Property Swty6vislon,a Planned Unit Development[Plat J-164),according to the peal thereof,on fate and of record in the office of
"'Men,and ecarder,G"Fal County,Venture, and located in the Southwest Quarter of Sears,25,Township I South.Range 5 East, Principal Meridian,
me,an a..and further described an follows:
Beginning at the most w..tone d.m.r of cold Let 9:thence senuthwe.i:erly 230'49' 15%assumed azimuth from north,225.00 feet yorg the
s.ath...lady line of sold Lot 9;thence no rthwdu9t,rly 317'57' 11" —math 249.09 feet along the Inathnnelt.11y line of Said Lot 9,th...s no r0hrt.b.1y
33Y 1"36" -imuth 228,08(let along said southwesterly line to c point on a curve with the center of the circle lying southerly JW 14'24
."noulth 302,11 feet from said Point thence easterly 97.78 feet an said cum.radius 302.11 feet and control angle 18' 32' 3T along the north line
of said Lot 9 to.Pain`". c am with the Centel of the Oforl,lying north—telly 056 28'33" azimuth 50 feati thence westerly H&90 feet along
said curve with a redim,of C fact and, anu 17 of 101'S2' 19' clong said north line;thence southeasterly 13.7 24' 43' azimuth 369.00
feet long the northeasterly fire at aid Lot 9 to the p.ind of beg—mg.
Area- 83,635 square tool, 1.920 el or 7,769.9"rary,motors, Sr last to..jsjj,g e.cerreqs.
LEGAL 0 E:SCRI PTI ON — GIBSON DRIVE
...................—
Searle 11,,Fete Is Wail Properties SWIPelivisch. a Merriest Unit Development,according.to the plat thereof,on file and
C
Records
50 Tha'tpart of Gh"on Drive us dedicated on the plait of
0 1 e-ol in the art"of the Clans end "(;.If tTn crly,Mo.[.,.,and totaled in the Southwest quanta,at Section 25.Township I South, pence 5
I lilt" East,Prodipal Meridian, M'Ren,described die f.U.—
15 D is Beg" at the S.utine,"t of Lot 7, Block 1,Paid Walker Property c Renner]Unit Deveop,ent.end being .point an.curve with
scau 1.met". the radius point Vying southerly lill 30, W assumed azimuth from north.362.11 fell from sold pai,l thence easterly 111,12 feet on said cum,
main, 362.11 feet sad nerrIndf angle 17 34*567, ado the north right at way Ile.of Ch"'.fa D"'I.a Pont on a curve with the center of chedo lying
southeasterly 130' $C'5D' ..im.th 50 a0 fiestl thence eleln.0y,wall and westerly 249.81 ct.,last aid curve with.radius of'90OC feet and a
...U.]angle 286' 15*43" along the right of way live of Gibson 06ve to a point on a curve witfl,the center of circle lying southerly 183 18' 18'
azimuth 302*11 fact the....-1 97.78 fiml!on last said .,.with a radius of 302.11 and a control angry of 18' 32" 39' along the South ngft or
am—ml way Try of Gibson Drive;thence northerly 351' 32' 52' azimuth 60.11 flat to the Point of beginning.
"irmeniry Wd Surveying Inc. Are.- 13.704 square feet,0.3146 acres or 1,213.1 square meters. SoldJect to a.idting easements.
Val...1perel-w—luffeelle
Jr-OKC15374ires
DATE PRIEPARM 4/15/12 02174