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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