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Home My WebLink AboutOrdinance 14- 1882 Amending Zone Map for initial zoning of R-2 for Hanson V 9x CO. ORDINANCE NO. 1882 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF R-2 (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 6.2076-ACRES FOR PROPERTY WHICH IS DESCRIBED AS TRACT 2A, COS 501 LOCATED IN THE SOUTHEAST ONE- QUARTER (SE 1/4) OF SECTION 3, TOWNSHIP TWO SOUTH (T02S), RANGE FIVE EAST (R5E),PMM,GALLATIN COUNTY,MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302,Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish initial zoning of"R-2" (Residential Two-Household Medium Density District) has been properly submitted,reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on January 7, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and Page I of 5 Ordinance No. 1882, Hanson Zone Map Amendment WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as recommended by the Community Development Department and provided in Zoning Commission Resolution No. Z13240 for approval of R-2 zoning for a tract of land being Tract 2A, COS 501 located in the Southeast One-Quarter (SE '/4) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin County,Montana subject to the following contingencies: and WHEREAS, after proper notice,the City Commission held its public hearing on January 27, 2014, 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 nine zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment establishing initial municipal zoning of R-2 (Residential Two- Household Medium Density District) for Tract 2A, COS 501 located in the Southeast One- Quarter (SE 1/4) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin County,Montana would be in compliance with the thirteen criteria; and WHEREAS, at its meeting held on January 27, 2013, the City Commission found that the proposed zone map amendment for Tract 2A, COS 501 located in the Southeast One-Quarter (SE I/4) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin County, Montana would be in compliance with Bozeman's adopted growth policy and would be in the public interest. 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-2" (Residential Two-Household Medium Density District): Tract 2A, COS 501 located in the Southeast One-Quarter (SE 1/) of Section 3, Township Two South (T02S), Range Five East (R5E), Principal Meridian Page 2 of 5 Ordinance No. 1882, Hanson Zone Map Amendment Montana, Gallatin County, Montana and said tract being further described as follows: Commencing at the Southeast corner of Section 3, Township 2 South, Range 5 East; thence westerly 269°59'52" azimuth from north, 262.06 feet along the South line of said Section 3,to the Southeast corner of Tract 2A of Certificate of Survey No. 501 and the Point of Beginning of the Parcel herein described; thence continue westerly 269°59'52" azimuth, 392.83 feet along the South line of said Section 3 thence northerly 001°09'56" azimuth, 690.18 feet; thence easterly 090°14'41" azimuth, 364.86 feet; thence southerly 178°12'14" azimuth, 93.53 feet; thence easterly 089°59'52" azimuth, 30.00 feet; thence southerly 181°49'43" azimuth, 595.29 feet to the point of beginning. The described tract has a computed area of 270,403 square feet, 6.2076-acres, more or less and subject to any and all existing easements of record or apparent from a visual inspection of the property, and as described on the Hanson Zone Map Amendment Map, Exhibit A to this ordinance. 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. Page 3 of 5 Ordinance No. 1882, Hanson Zone Map Amendment 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. Page 4 of 5 Ordinance No. 1882, Hanson Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 24"' of February, 2014. JEF . KRAUSS Ma or ATTEST. . STA&VIA City Clerk '. - - •° :. 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 17"' of March,2014. The effective date of this ordinance is April 17, 2014. C_Ce"'� J K. KRAUSS or ATTEST: �;O F�' 0_ . STACY ULM , N; City Clerk r `11 APP VED AS TO FORM: GRE SULLIVAN City Attorney Page 5 of 5 i � HANSON ZONE MAP AMENDMENT LOCATED IN THE SE 114 OF SEC. 3, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA uwlz SFUST w I b• r J T'I W TRaC` 2E I__ AOr tod' • CJ4CDPMASTEa y 1I - z a .U) :Y [S89'23'S4'E] I.I�;, ]S1'26'2t"E] ,Q - 358.03 090'36'OE 93.53 178'33'39' [569'38'43•E] _ - 30.00 090.21'17' •i o i CfPLSTONL STRLLT _ S AM 11 I �AP /•��y� - W PROP. R-2 ZOPNG EXISTIN (CIOYING: Rn2 EXISTING BUILDING - • .,- _ Z N W (SIZE AND LOCATION I I \ [ter 'I _O-pp�Y APPROXIMATE) I§I 30'PUBUC ACCESS AND-� UTILITY EASEMENT PE�t I` $'tu _ _;,F,F•_x DOC. NO. 2266999 l W EXISTING BUILDING vO1i --� (SIZE AND LOCATION 13C - �1 EAST LINE • -cQ APPROXIMATE) IY OF SECTION 3 �, _ A n•,EalnEa I� Imo_Eh;,c Yr"_tF) 1 I � r-30'PUSUC STREET A EASEMENT AS __ I I I POINT OF BEGINNING r._ \� I NSHOWN O 507ON COS �I t SOUTH LINE — OF SECTION 3 WIDE ROAD DEDICA�N 0 1 —[N89'27'00'W]— —[NW27'0WWJ- PCR PLAT J- 0 393.08 270'33'00' �. - - - �—I --- — - -- _ _.T64.06 270_330C _ » - - - --- _-E. - •, 'uussroa siiuzr—_ -- - - -- --— S„-- 4i -- j � . . -a .+ � I L`T -. ' AL.A p <� O- 5 LOT 56 LI.T 84 rk-,:STELE ': JE In rE•� _Gh&II-1 ALTC'A& Yrni ' � '•E'^"':� '.�;. CCC E:a:CR rkJ5TEEECHTCq5 ..BEfiJAAM4iN (��• �p 1 EXISTIN ZONING:jR-1 "A RffLD 9TA6[Tl p ALOT 44 l v 7 LOT 63 i +,oa[w I V _ : IN [ILEh RK a ti - s CHC 7.M S LING, r��hC tARA WIL U DAMS f�• C'.arra rn,. T,lfRttE'N TR I III TRUST I W'. � SECTION CORNER t00 Scale In feel 0 1 D S$ EXISTING SANITARY SEWER 30 0 30 r.a EXISTING WATER VALVE Scats In Xete LEGAL DESCRIPTION (TRACT 2A) Tract 2A, according to Certificate of Survey No. 501, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian, Montana, and further described as follows: Commencing at the Southeast comer of said Section 3; thence westerly 271Y33'OT. assumed azimuth from the north, 262.06 feel along the south line of the Southeast Quarter of said Section 3 to the Point of Beginning. Thence westerly 270'33'00" azimuth along said south line, a distance of 393.08 feet; thence northerly 001'27.46" ozimuth, a distance of 687.70 feet; thence easterly 090'36'06" azimuth, a distance of 358,03 feet: thence southerly 178'33'39` azimuth, a distance of 93.53 feet; thence easterly 09(721'17' azimuth, a distance of 30.00 feet; thence southerly 182'06'47' azimuth, a distance of 594.09 feet to the Point of Beginning. Area = 269.780 square feet, 6.1933 acres or 25,063.4 square meters. Subject to existing easements, and in particular a DATE PREPARED: 10/16/13 ubllty and rood easement along the east line of the above described tract. Fsptrrar•YLp ana t3L+ V nQ►c. last�r'+qr a.n•eosrw.Art 68Tte qme Wael46)-1,1a.rs(poet SaTATri9