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Home My WebLink AboutOrdinance 14- 1883 Amending Zone Map to R-2 for Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 DO lee ORDINANCE NO. 1883 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 6.1591 ACRES FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT, TO R-2, RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT, FOR PROPERTY DESCRIBED AS LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION, PHASE 1 AND ADJACENT RIGHT OF WAY. 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 from "B-l" (Neighborhood Business District) to "R-2" (Residential Two-Household Medium Density District) has been properly submitted, reviewed and advertised; and Page 1 of 5 Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment WHEREAS, the Bozeman "Zoning Commission held a public hearing on December 3, 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 the zone map amendment be approved as recommended by the Community Development Department; and WHEREAS, after proper notice, the City Commission held its public hearing on December 16, 2013, to receive and review all written and oral testimony on the request for a zone map amendment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings. The City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann. and Section 38.01.040 finds that the proposed zone map amendment is in compliance with the criteria. Section 2 That the zoning district designation of the following-described property is hereby changed from `B-l" (Neighborhood Business District) to "R-2" (Residential Two-Household Medium Density District): Lot 1, Block 4 and portions of the adjacent street right-of-ways, Laurel Glen Subdivision, Phase 1, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana and further described as follows: Page 2 of 5 Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment Commencing at the southwest corner of Lot 1, Block 4, Laurel Glen Subdivision, Phase 1; thence South 42°25'38" West 44.47 feet, assumed bearing, to the point of beginning; thence due NORTH 495.10 feet; thence South 79°14'29" East 234.72 feet; thence easterly 83.53 feet on a tangential curve concave to the north, radius 300.00 feet and central angle 015°57'09"; thence North 84°48'22" East 209.01 feet; thence South 05°11'38" East 494.88 feet; thence South 84°48'22" West 186.98 feet; thence westerly 121.59 feet on a tangential curve concave to the north, radius 500.00 feet and central angle 013°56'01"; thence North 81°15'37" West 262.30 feet to the point of beginning. Area= 268,291 square feet or 6.1591 acres. See Exhibit A. Section 3 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 4 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 5 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 Page 3 of 5 Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase I Zone Map Amendment 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 6 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"Zone Map Amendments." 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, on first reading at a regular session held on the 24 day of February 2014. 500 4ayor Y . KRAUSS 0 1 s ATTEST ST C1' ,L E1;�C117i Ci ;Cle Y 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 17th of March, 2014. The effective date of this ordinance is April, 17`h,2014. F K.IkRAUSS ayor Page 4 of 5 Ordinance No. 1883, Lot 1, Block 4, Laurel Glen Subdivision Phase 1 Zone Map Amendment ATTEST: ST City: ; APPROVED AS TO FORM: 9 � GRE LLIVAN City Attorney Page 5 of 5 LAUREL GLEN LOT 1, BLOCK 4, ZONE MAP AMENDMENT LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION- PHASE 1 LOCATED IN THE S 1/2, SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LOT 3 I /� �.\ -- _ -J I LOT 4 LOT 6 L,:)T Glenellen D ` o'--- BLOCK 18 gl LOT s \BLOCK 34 riv 1T- —1 I I -- S 9°142g`E -----o o 234.72' ��57'� - r) M r 1 R=3 0 0' 84°48'22"E 209.01- L=83.53'I N LOT 6 j 30' 1 30' r o d I S 7 14'29° PE I 1 198.48 L=9Pt 1 8 96.76' SOS '254 R=3 00' N84°4 ' 2"E `' 0. 1 4=15 57'09" 8 I I O r LOT 7 45' 1 45' I BLOCK 3 i 1 1 Q -------- o LOT 1 ` N T I C) BLOCk 4 1 1 Q Z LOT 8 195,705 SQ.FT. 1 U, II 16 w l w 4.4928 ACRES o 0 I OJ-0 I o1 0 U) o o / / w I co 1 0 --1 0 lo R-2 7�0 N I G I m Z 1 Z 2 8,291 SQ FT m .P j 6.1591 ACRES ao Q 1 LOT 9 i C II I pi LOT 10 i r 45' �45 I` p I I-41 S 42°�538 W 30 30' -1 10I t 0 N o rl 1" POINT0.47' P 8 °pt 237.6 ' r�=13° 6'01"°1g84°4 2"W o� la i n, n zr R= 63.00' 01 1 BEGINNING _ A„ �e S L 112.6 z a4 Ga r C0 4 L _ ; N81°15'37°W - �� r v' -- LOT 11 j 262.30' __ 1 -r BLOCK7 �- ---T__ L=121.59' S84°48'22"W 186.98, LOT 1` i - -___} Q R=500' `o BLACK 8 LOT 10 1�°5�LOT— BLOCK 9 LEGEND CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH DELTAANGLE —� Pt—PROPERTY LINE C1 25.00' 27.88' 26.46' 63°53'46" ---- ADJOINING PROPERTY LINE C2 25.00' 24.41' 23.45' 55°56'39" -- C3 25.00' 24.41' 23.45' 55°56'39" PROPERTY SUBJECT TO ZMA C4 25.00' 26.30' 25.10' 60°15'51" (B-1 TO R-2) LEGAL DESCRIPTION Lot 1,Block 4 and portions of the adjacent street right-of-ways,Laurel Glen Subdivision,Phase 1,on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and located in the South Half of Section 4,Township 2 South,Range 5 East of P.M.M.,City of Bozeman,Gallatin County,Montana 0 100 200 and further described as follows: Commencing at the southwest corner of Lot 1,Block 4,Laurel Glen Subdivision,Phase 1; thence South 42125'38"West 44.47 feet,assumed bearing,to the point of beginning; thence due NORTH 495.10 feet; thence South 79114'29"East 234.72 feet; thence easterly 83.53 feet on a tangential curve concave to the north,radius 300.00 feet and central angle 015'57'09"; thence North 84148'22"East 209.01 feet; thence Annic South 05°11'38"East 494.88 feet; thence South 84148'22"West 186.98 feet;thence westerly 121.59 feet on a tangential curve concave to the north,radius 500.00 feet and central angle 013°56'01"; thence North 81'15'37"West 262.30 feet to the point of beginning. Area=268,291 square feet or 6.1591 acres. Subject to existing easements. #13028