HomeMy WebLinkAboutE10City of Bozeman/City Clerk
PO Box 1230
Bozeman, MT 59771
ORDINANCE NO. 1663
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP
BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF
"R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 13.096± ACRES
SITUATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER AND THE NORTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH,
RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE
WEST SIDE OF HIGHLAND BOULEVARD.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of “R-3”, (Residential Medium Density District) on 13.096± acres has been properly submitted,
reviewed and advertised; and
WHEREAS, the proposed zone map amendment to establish an initial zoning designation of “R-
3”, (Residential Medium Density District) on 13.096± acres is part of a larger tract of land to amend the
Bozeman Zone Map from “RS” (Residential–Suburban Country Estates), “R-1” (Residential-Single Family,
Low Density District), and “BP” (Business Park District), to R-3” (Residential-Single Family, Medium
Density) on 38.72 acres; and
WHEREAS, said described tract of land, exclusive of the13.096± acres to establish an initial
municipal zoning designation of “R-3” (Residential Medium Density District), is currently in the corporate
limits of the City of Bozeman; and
WHEREAS, while under the extra-territorial jurisdiction of the City of Bozeman said 38.72 acres,
exclusive of the 13.096± not part of the corporate limits of the City of Bozeman, was rezoned from “RS”
(Residential–Suburban Country Estates), “R-1” (Residential-Single Family, Low Density District), and
“BP” (Business Park District), to R-3” (Residential Medium Density District); and
WHEREAS, the City-County Planning Board held a public hearing on June 2, 1998, to receive
and review all written and oral testimony on the request for a zone map amendment to amend the Bozeman
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Zone Map from “RS” (Residential–Suburban Country Estates), “R-1” (Residential-Single Family, Low
Density District), and “BP” (Business Park District), to R-3” (Residential-Single Family, Medium Density)
on 38.72 acres; and
WHEREAS, three members of the general public spoke, expressing concern regarding potential
development that might occur under “R-3” zoning and voicing a preference that the property be zoned “R-
2”;
WHEREAS, three letters were received from members of the public and read into the record, one
expressing a preference for single family zoning, and two expressing concern regarding development on
the property; and
WHEREAS, the City-County Planning Board found that the request for a zone map amendment
to establish a “R-3” (Residential Medium Density District) zoning designation would not be compatible
with the character of the existing neighborhood; and
WHEREAS, the City-County Planning Board found that a zone map amendment from “RS”
(Residential–Suburban Country Estates), “R-1” (Residential-Single Family, Low Density District), and
“BP” (Business Park District) on 38.72 acres of land, to “R-2” (Residential-Single Family, Medium Density
District) would not be compatible with the character of the existing neighborhood and would comply with
the twelve (12) criteria established in Title 76-2-304, MCA; and
WHEREAS, the City-County Planning Board motion recommending to the Bozeman City
Commission that the zone map amendment be approved as “R-2” (Residential, Single Family Medium
Density) on said 13.096 acres, passed on a vote of 5-0; and
WHEREAS, after proper notice, a public hearing was set before the City Commission on June
15, 1998, to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the City Commission opened and held its public hearing on June 15, 1998, to receive
and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, two members of the general public expressed concern with the potential for
development on said lands other than what is proposed by the developer under the “R-3” zoning
designation; and
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WHEREAS, after hearing the pubic testimony on said matter, the City Commission elected to
waive its Rules of Procedure to postpone its decision one week and make a decision on said matter; and
WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria
established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to establish an
initial municipal zoning designation of “R-3”, to be in compliance with the twelve criteria; and
WHEREAS, the City Commission found that a “R-3”, (Residential Medium Density District)
zoning designation for the proposed zone map amendment on 13.096± acres would be in compliance with
the Bozeman 2020 Community Plan and would be in the public interest upon annexation of the subject
property; and
WHEREAS, the subject property was annexed through adoption of Commission Resolution No.
3910, adopted on the 24th day of April, 2006.
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 initially
established as "R-3" (Residential Medium Density District).
That tract of land located in the Southeast One-Quarter of the Northeast One-Quarter
and the Northeast One-Quarter of the Southeast One Quarter of Section 18, Township
2 South, Range 6 East, Principal Meridian Montana, Gallatin County Montana, and
being more particularly described as follows:
Considering the line from the Center-East One-Sixteenth Corner of Said Section 18 to
the Northeast One-Sixteenth Corner of Said Section 18 to bear North 00/38'47" West,
with all bearings contained herein relative thereto:
Commencing at the Center-East One-Sixteenth Corner of Said Section 18; Thence along
the south line of the West One-Half of the Southwest One-Quarter of the Southeast
One-Quarter of the Northeast One-Quarter of said Section, South 89/26'51" East, 42.26
feet to the Point Of Beginning:
Thence continuing along said line, South 89/26'51" East, 288.84 feet to the Southwest
Corner of the East One-Half of the Southwest One-Quarter of the Southeast One-
Quarter of the Northeast One-Quarter of said Section 18;
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Thence along the west line of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18, North
00/26'48" West, 668.47 feet to the Northwest Corner of said East One-Half of the
Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18;
Thence along the north line of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South
89/12'48" East, 333.47 feet to the Northeast Corner of said East One-Half of the
Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18;
Thence along the east line of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South
00/14'42" East, 667.07 feet to the Southeast Corner of said East One-Half of the
Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18;
Thence along the south line of said East One-Half of the Southeast One-Quarter of the
Northeast One-Quarter of said Section 18, South 89/26'51" East, 594.27 feet to a point
on the west line of the Highland Boulevard Right Of Way;
Thence along the west line of said Highland Boulevard Right Of Way, South 00/07'28"
West, 289.80' to the point of intersection of said Highland Boulevard Right Of Way
with the north line of Block 3A as shown on the Plat of LeClairs Rearrangement of
Blocks 2,3,4, and 5, Graf's First Subdivision, Second Filing, as recorded at the office
of the Gallatin County Clerk and Recorder;
Thence along said north line of Block 3A as shown on said Plat of LeClairs
Rearrangement of Blocks 2,3,4, and 5, Graf's First Subdivision, Second Filing, South
89/42'28" West, 618.83 feet to the southeast corner of Tract 2 as shown on Minor
Subdivision No. 68 as recorded at the office of the Gallatin County Clerk and Recorder;
Thence along said Tract 2 as shown on Minor Subdivision No. 68, the following five
(5) courses:
North 00/00'28" East, 21.11 feet; South 89/42'28" West, 450.45 feet; North 09/57'23"
East, 8.95 feet; South 89/42'28" West, 144.50 feet; North 00/16'18" West, 277.78 feet
to the Point of Beginning.
Said Tract contains 13.096 acres, more or less, and is subject to all easements of fact and record.
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Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading, at a regular session thereof held on the 24th day of April, 2006.
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 15th day of May, 2006.
___________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
_____________________________________
Devin M. Harbour, Acting City Clerk
APPROVED AS TO FORM:
___________________________________
Paul J. Luwe, City Attorney