HomeMy WebLinkAboutOrdinance 14- 1879 Amending Zone Map for the Property known as the Pine Meadows ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT AN
INITIAL MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 4.02 ACRES,
AND ADJACENT RIGHT-OF-WAYS, TO R-1 (RESIDENTIAL SINGLE HOUSEHOLD
LOW DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS THE PINE
MEADOWS ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the zone map amendment to initially zone approximately 4.02 acres, and
adjacent road right-of-ways, for a total of 6.14 acres, to 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 January 15,
2013, 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 a zone map amendment be recommended for approval as proposed by the
applicant which included 0.58 acres as R-3 (Residential Medium Density District) and 3.44 acres
as R-2 (Residential Two Household Medium Density District); and
WHEREAS, after proper notice, the City Commission held its public hearing on
February 4, 2013, 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 an initial zoning
designation of R-1 (Residential Single Household Low Density District) for the 4.02 acres would
be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on February 4, 2013, the City Commission found that
a zone map amendment to R-1 (Residential Single Household Low Density District) would be in
compliance with Bozeman's adopted growth policy and would be in the public interest.
Page 1 of 4
Ordinance 1979, Pine Meadows Zone Map Amendment
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
That the zoning district designation of the following-described property is hereby
granted initial zoning of R-1 (Residential Single Household Low Density District):
Legal DescriRtion
An area of land being Tract 7 of the Smith Subdivision on record with the Gallatin County Clerk
and Recorder and a portion of the Durston Road &Valley Drive Rights-of-Way, all located in
the Northwest One-Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian
Montana (P.M.M), Gallatin County, Montana being more particularly described as follows:
Beginning at a point on the section line between Sections 2 & 11 Township 2 South, Range 5
East, Principal Meridian Montana(P.MM);
thence North 89' 46' 00" East a distance of 317.08 feet;
thence South 00' 44' 00" West a distance of 164.00 feet;
thence North 89" 46' 00" East a distance of 10.00 feet;
thence South 00' 44' 00" West a distance of 1170.18 feet;
thence South 89' 27' 40" West a distance of 225.28 feet;
thence North 00' 46' 00" East a distance of 1.90 feet;
thence North 151.95 feet along a non-tangential curve concave to the east having a radius of
794.00 feet and a central angle of 10 57' 54"; a chord bearing of North 06' 14' 57" East and a
chord length of 151.72 feet;
thence North 11° 44' 00" East a distance of 21.06 feet;
thence north 140.92 feet along a non-tangential curve concave to the west having a radius of
734.00 feet and a central angle of 11'0101"; a chord bearing of North 06' 14' 00" East and a
chord length of 140.70 feet;
thence North 00' 43' 59" East a distance of 977.28 feet;
thence South 89' 46' 00" West distance of 133.15 feet;
thence North 00' 14' 50" West a distance of 45.00 feet to the Point of Beginning
containing 6.135 acres,more or less.
Subject to all easements of record or apparent from a visual inspection of the property
Page 2 of 4
Ordinance 1879, Pine Meadows Zone Map Amendment
The described parcel has an area, including adjacent road right-of-ways, of 6.135 acres
more or less and is along with and subject to any existing casements as described on the Pine
Meadows 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.
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 March 12, 201.4, thirty (30) days after final
adoption.
Page 3 of 4
Ordinance 1879, Pine Meadows ;done Map Amendment
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of January, 2014.
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FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana,on second reading at a regular session thereof held on the 101n day of
February, 2014. The effective date of this ordinance is 12t" day of March, 2014.
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APPROVED AST FORM:
GREG LLIVAN
City Attorney
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EXHIBIT A
ZONE MAP AMENDMENT
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TRACT OF THE SMITH'S SUBDIVSION
LOCATED IN THE NW 1/4 OF SECTION It
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