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Home My WebLink AboutOrdinance 14- 1889 Zone Map Amendment Walker Property Subdivision v 9x co ORDINANCE NO. 1889 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-O (RESIDENTIAL OFFICE DISTRICT) ON 4.718 ACRES FOR PROPERTY WHICH IS DESCRIBED AS LOT 1, BLOCK 2, WALKER PROPERTY SUBDIVISION, A PLANNED UNIT DEVELOPMENT, SITUATED IN THE SETA OF SECTION 26, T1S, 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-O" (Residential Office District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on December 17, 2013, to receive and review all written and oral testimony on the request for a zone map amendment; and Page I of 5 Ordinance No. 1889, Simmental 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 for R-O zoning for a tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1 S, R5E, PMM, Gallatin County, Montana subject to contingencies: and WHEREAS, after proper notice, the City Commission held its public hearing on January 13, 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 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-O (Residential Office District) for Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana would be in compliance with the criteria; and WHEREAS, at its meeting held on January 13, 2014, the City Commission found that the proposed zone map amendment for Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, 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-O" (Residential Office District): Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana and adjacent right-of-way and said tract being further described as follows: Paae? of 5 Ordinance No. 1889, Simmental Zone Map Amendment Campbell Road Right-of-Way A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the northern boundary of Lot 1, Block 2 of the Amended Plat of Walker property Subdivision, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from which a Gaston yellow plastic cap bears North 89' 59' 52" West a distance of 3.60 feet; thence North 01° 39' 19" West a distance of 60.03 feet to a calculated position; thence South 89' 59' 52" East a distance of 73.08 feet to a calculated position; thence east a distance of 226.56 feet along a tangential curve concave south having a radius of 767.73 feet, a central angle of 16' 54' 30", a chord bearing of South 81° 32' 38" East and a chord length of 225.74 feet to a calculated position to a calculated position; thence South 16' 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap; thence west a distance of 208.86 feet along a non-tangential curve concave south having a radius of 707.77 feet, a central angle of 16' 54' 27", a chord bearing of North 81° 32' 39" West and a chord length of 208.10 feet to a calculated position; thence North 89' 59' 52" West a distance of 71.34 feet to the Point of Beginning containing acres 0.4000 acres more or less. A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SEI/4 of Section 26, T1 S, RSE, PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road; thence from said point of beginning along the southerly right-of-way of Campbell Road the following two courses, (1) S89°59'52"E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly Iine of the Common Open Space Tract in said Block 2; thence along said line the following two courses, (1) S4I'15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point on the northerly right-of-way line of North 191h Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25'00"E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance of N70025'33W 268.10 feet, and (3)N73001'0511W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a Page 3 of 5 Ordinance No. 1889, Simmental Zone Map Amendment radius of 7579.40 feet 177.41 feet, (2)N44026'32"W 27.69 feet, (3)NO1°46'48"E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. The described area has a computed area of 4.718 acres, more or less as described on the Simmental 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. 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." Page 4 of 5 Ordinance No. 1889, Simmental Zone Map Amendment 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, on first reading at a regular session held on the 21 st of April,2014. 1��- '4� K /K� JEFF YXkR&USS •DOZ M r ATTEST: �Nr I JJ I-Kt'k STA Y U �EN G1 -:_ City lerk 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 5th day of May, 2014. The effective date of this ordinance is June 4, 2014. JEF RAUSS M or ATTEST: 1 ♦ .�.,• . +' r ■ x STAG �UL N; EMC o City Clexlk, ° . o z • ' : APPROVED AS TO FORM: GRE ULLIVAN City Attorney Page 5 of 5 I 1 I J WALKER PROPERTY — SUBDIVISION - CObL11ON OPEN SPACE I SCALE I b N 11919"W Q-787 A I WALKERPROPERTY Lp2B:58 SUBDIVISION' IIneh- 60 60.03' S 8939'52"E Tan.ry11 J LOT2BLKI 7.OS' d t6.34 0 S 89.59'52"E I S 16'54'35"W I 3.60' I 60.00' EXHIBIT A If SIMMENTAL ZONE MAP AMENDMENT TO BOZEMAN,MONTANA A TRACT OF LAND SITUATED IN THE BDGI Z6GB I Z \\ \ SE 1/4 OF OF SECTION 26 \\ \\ T1S,R5E P.M.M. GALLATIN COUNTY I \� \ \ \ 0=0 '20' 8" R 57. =1 .41' 1 L 2 WALKER PROPERTY r�• SUBDIVISION s O P s�•s.� CMIMON-OPEN SPACE u ?, I � F m .7 C 0 W I I 0 53 ?6$7D W NORTIII9TII ` RIGHT OF WAY \ I \ b W I \ \ \ s \ \ L WALKER PROPERTY \ \\ \\ 1 SUBDIVISION \ \ \ LOTIABLKI SIMMENTAL ZONTE MAP AMENDMENT MADISUN ENGINEERING EXIIIBITA LOT I BLK 2 DRAWN BY: CGB WALKER PROPERTY SUBDIVISION PUD .9s,u,6�l� 6�wv.elmm, DATE: 4/OB/14 xnm.w.xrswns BOZEMAN MT vxur6 ws s�smaz F"(")sn.szw PROJECT 13-142