HomeMy WebLinkAboutE13 Final Adoption 1676
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Final Reading of Ordinance 1676
MEETING DATE: November 6, 2006
BACKGROUND: On October 23, 2006 the City Commission provisionally approved
Ordinance 1676 “AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND
ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1"
(RESIDENTIAL SINGLE HOUSEHOLD, LOW DENSITY DISTRICT) ON 57.29 ACRES
DESCRIBED AS LOTS 27 AND 28, MOUNT BALDY SUBDIVISION AND TRACT 2 OF
RECORDED PLAT IN FILM 12, PAGE 825, THAT PART OF THE NE¼, SW¼ & NW¼,
SE¼ OF SECTION 32, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA.” This
ordinance relates to zoning of the Legends Annexation.
No changes have been requested or are needed prior to final adoption.
RECOMMENDATION: Finally adopt Ordinance 1676
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Stuart John Bernard, Deputy City Clerk
Approved by:
Chris A. Kukulski, City Manager
ORDINANCE NO. 1676
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN
ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL
ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE
HOUSEHOLD, LOW DENSITY DISTRICT) ON 57.29 ACRES
DESCRIBED AS LOTS 27 AND 28, MOUNT BALDY SUBDIVISION
AND TRACT 2 OF RECORDED PLAT IN FILM 12, PAGE 825, THAT
PART OF THE NE¼, SW¼ & NW¼, SE¼ OF SECTION 32, T1S, R6E,
PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of "R-
1" (Residential Single Household, Low Density District) on 57.29 acres, has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 6, 2005,
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; and
WHEREAS, after proper notice, the City Commission held its public hearing July 18,
2005, 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 twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
amendment, to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on September 19, 2005, the City Commission found
that the proposed zone map amendment would be in compliance with the City of Bozeman
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 on the following described property is hereby
designated as “R-1” (Residential Single Household, Low Density District):
Commencing at the C-W1/16 corner of said Section 32, the True Point of
Beginning;
Thence along the E-W mid-section line, S88ºD15'40"E a distance of 140.00 feet
to the thread of Bridger Creek;
Thence along said thread of Bridger Creek through the following two courses:
S79°44'40"E a distance of 25.50 feet, and
N85°02'03"E a distance of 32.34 feet to said mid-section line;
Thence along said mid-section line, S88°15'40"E a distance of 137.46 feet to said
thread of Bridger Creek;
Thence along said thread of Bridger Creek through the following 96 courses:
Thence S48°45'54"E a distance of 27.34 feet; Thence S52°35'41"E a distance of
108.00 feet;
Thence S58°41'35"E a distance of 173.00 feet; Thence S74°57'24"E a distance of
31.00 feet;
Thence S87°42'34"E a distance of 25.00 feet; Thence S67°54'32"E a distance of
29.50 feet;
Thence S61°15'37"E a distance of 35.50 feet; Thence S42°22'24"E a distance of
32.50 feet;
Thence S50°47'45"E a distance of 14.00 feet; Thence S75°57'50"E a distance of
24.50 feet;
Thence N74°03'17"E a distance of 29.00 feet; Thence S81°46'56"E a distance of
7.50 feet;
Thence S47°59'13"E a distance of 27.00 feet; Thence S00°25'55"W a distance of
11.00 feet;
Thence S11°23'20"W a distance of 10.00 feet; Thence S42°17'01"W a distance of
16.50 feet;
Thence S72°38'37"W a distance of 53.35 feet; Thence S58°44'11"W a distance of
32.76 feet;
Thence S10°18'17"W a distance of 11.00 feet; Thence S13°31'48"E a distance of
8.50 feet;
Thence S61°47'07"E a distance of 44.00 feet; Thence S49°45'23"E a distance of
77.50 feet;
Thence S64°24'55"E a distance of 130.00 feet; Thence S81°07'24"E a distance of
38.00 feet;
Thence N54°51'26"E a distance of 26.00 feet; Thence N33°06'32"E a distance of
82.00 feet;
Thence N47°40'30"E a distance of 28.50 feet; Thence N74°14'05"E a distance of
19.00 feet;
Thence S69°58'58"E a distance of 15.00 feet; Thence S46°23'28"E a distance of
24.50 feet;
Thence S25°39'09"E a distance of 28.00 feet; Thence S09°32'13"E a distance of
72.00 feet;
Thence S15°59'53"E a distance of 29.00 feet; Thence S33°14'30"E a distance of
31.00 feet;
Thence S55°52'13"E a distance of 34.00 feet; Thence S78°00'29"E a distance of
43.00 feet;
Thence N68°21'42"E a distance of 19.00 feet; Thence N48°39'42"E a distance of
56.00 feet;
Thence N15°39'43"E a distance of 18.75 feet; Thence N09°05'25"W a distance of
25.50 feet;
Thence N22°52'26"W a distance of 61.50 feet; Thence N11°26'10"W a distance
of 15.50 feet;
Thence N14°56'47"E a distance of 62.00 feet; Thence N33°36'32"E a distance of
14.48 feet;
Thence N74°03'17"E a distance of 14.50 feet; Thence S74°59'51"E a distance of
27.00 feet;
Thence S57°31'08"E a distance of 39.00 feet; Thence S50°13'25"E a distance of
23.50 feet;
Thence S39°06'24"E a distance of 20.50 feet; Thence S16°09'30"E a distance of
14.50 feet;
Thence S01°47'55"W a distance of 30.00 feet; Thence S14°34'58"E a distance of
20.00 feet;
Thence S61°41'55"E a distance of 49.00 feet; Thence N81°26'06"E a distance of
32.00 feet;
Thence S74°37'12"E a distance of 24.00 feet; Thence S59°46'42"E a distance of
14.00 feet;
Thence S40°39'29"E a distance of 84.50 feet; Thence S49°19'44"E a distance of
66.00 feet;
Thence S60°59'23"E a distance of 61.50 feet; Thence S69°55'18"E a distance of
55.50 feet;
Thence S72°39'00"E a distance of 67.00 feet; Thence S42°38'20"E a distance of
17.50 feet;
Thence S25°28'12"E a distance of 21.00 feet; Thence S12°53'56"E a distance of
22.50 feet;
Thence S44°41'46"E a distance of 23.00 feet; Thence S67°41'19"E a distance of
13.00 feet;
Thence N76°52'34"E a distance of 9.00 feet; Thence N58°04'38"E a distance of
19.00 feet;
Thence N37°30'17"E a distance of 16.50 feet; Thence N11°09'46"E a distance of
25.50 feet;
Thence N17°59'47"W a distance of 32.50 feet; Thence N02°36'25"W a distance
of 15.00 feet;
Thence N28°45'20"E a distance of 20.00 feet; Thence N46°39'37"E a distance of
40.00 feet;
Thence N59°21'30"E a distance of 31.50 feet; Thence N71°36'47"E a distance of
34.50 feet;
Thence S87°08'32"E a distance of 59.00 feet; Thence S74°09'02"E a distance of
29.50 feet;
Thence S55°02'14"E a distance of 52.50 feet; Thence S42°28'53"E a distance of
97.50 feet;
Thence S29°13'33"E a distance of 28.50 feet; Thence S50°03'29"E a distance of
15.50 feet;
Thence S69°39'32"E a distance of 12.00 feet; Thence N89°55'05"E a distance of
22.00 feet;
Thence N69°25'05"E a distance of 39.50 feet; Thence N58°07'09"E a distance of
76.50 feet;
Thence N38°44'29"E a distance of 26.81 feet; Thence N27°53'19"E a distance of
35.00 feet;
Thence N40°11'14"E a distance of 51.00 feet; Thence N47°35'00"E a distance of
47.50 feet;
Thence N54°30'09"E a distance of 34.00 feet; Thence N74°22'00"E a distance of
37.50 feet;
Thence N81°22'18"E a distance of 33.50 feet; Thence S84°26'38"E a distance of
31.00 feet;
Thence S77°44'49"E a distance of 47.00 feet; Thence S66°32'11"E a distance of
20.95 feet to the E1/16 line;
Thence along said E1/16 line, S00ºD09'27"E a distance of 853.53 feet to the
SE1/16 corner, said point also being the northeast corner of Ed Vogel
Subdivision;
Thence along the S1/16 line, said line also being north line of said subdivision
and the north line of Mount Baldy Subdivision, N88ºD16'33"W a distance of
2525.46 feet to the northwest corner of Lot 26 of Mount Baldy Subdivision;
Thence along the west line of said Lot 26, S01ºD45'05"W a distance of 323.24
feet to the north right-of-way line of Bridger Drive;
Thence along said right-of-way, N88ºD16'43"W a distance of 100.07 feet to the
W1/16 line;
Thence along said W1/16 line N01ºD45'44"E a distance of 323.25 feet to the
SW1/16 corner;
Thence continuing along said W1/16 line N00ºD07'28"E a distance of 1318.63
feet to the True Point of Beginning.
Said tract contains approximately 57.29 acres.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at
a regular session thereof held on the 23rd day of October, 2006.
___________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
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 6th day of
November, 2006.
___________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney