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Home My WebLink AboutOrdinance 14- 1898 Amending the Zone Map for Annie Subdivision V 9� ORDINANCE NO. 1898 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR THAT PART OF LOT 5, ANNIE SUBDIVISION, PHASE 2, AND ADJACENT PORTIONS OF N. 27TH AVE AND N. 25TH AVE.; LOCATED IN THE NE1/4 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to rezone approximately 1.54-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on September 16, 2014, 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 as provided for in the staff report for approval of 1.54-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District); and WHEREAS, after proper notice, the City Commission held its public hearing on October 7, 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 thirteen zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the thirteen criteria; and WHEREAS, at its meeting held on October 6, 2014, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman's adopted growth policy and would be in the public interest. ORDINANCE NO. 1898 Page I of 4 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section I That the zoning district designation of the following-described property is hereby designated as "R-4" (Residential High Density District): That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: Commencing at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of said Section 2; thence southerly 181°28'43", assumed azimuth from north, 466.42 feet along the west line of said Lot 5 and also being the centerline of North 27th Avenue to the Point of Beginning; thence easterly 091°28'57" azimuth, 322.35 feet; thence southerly 181028'43" azimuth, 222.35 feet along the center line of North 25th Avenue; thence southerly 48.42 feet on a tangential curve concave to the east, radius 340.00 feet and central angle 8°9'33" along said centerline; thence westerly 271°29'48" azimuth, 325.79 feet to the centerline of North 27th Avenue and the western boundary of Lot 5; thence northerly 001°28'43" azimuth, 270.53 feet along the center line of North 27th Avenue and the western boundary of Lot 5 to the point of beginning. Area= 87,286 square feet, 2.0038 acres or 8,109.1 square meters. Subject to existing easements. 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. ORDINANCE NO. 1898 Page 2 of 4 Section 4 SeverabiIity. 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of October, 2014. JEFF USS May ATTEST: City CIdEk J. ORDINANCE NO. 1898 Page 3 of 4 FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 201h day of October, 2014. *JK/1 USS ATTEST: . QZ - STA� '.vNLC APPROVED AS TO FORM: G SULLIVAN City Attorney ORDINANCE NO. 1898 Page 4 of 4 LOT 5, ANNIE SUBDIVISION, PHASE 2 ZONE MAP AMENDMENT LOCATED IN THE NE 114 OF SEC. 2, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA C-N 1/16 CDR LEGEND TSCHACHE, SEC.2 FND _ ZONING BOUNDARY LANE BRASS CAPS • TSCHACHE LANE PROPERTY LINE - �� U! PROPOSED R-4 FROM EXISTING R-3 (n Q n ev j N� ti 4e # AREA TABULATION W 3 SQ.Ft. Acre 'BREEZE Pae, ]58 r31'DYE] LOT 5 66,976 1.5376 - LANE - 3223a a91.28'aY N. 25th Ave. 8,1t8 0.1864 45.W 271a6/ - N. 27th Ave. 12177 0.2796 i Total 87,286 2.0038 A -4 ONING I9y 8 .286 2WT{w»t - R 2c ��'�II— Seale Jn feef N 100 0 Z ... � �V6'E 30 O 0 -J;Bw'3 Scale rn Mefo p / 00 L-4e.42 725.72 27P29' � [N693D'Irw] p • 1 COBBLESTONE PLACE Q ` � h TOTAL AREA OF �1 1-1-1 N.2511,A e.R�gM f war pa Doc.Not. rj 2269585 @ 2269578 N LOT 5 3 e,et2 Gr a 992•ara 3 0� Z 11 1t� 1 �1L�.me_sEc�^ PAK STREET _ _ FND BRASs CAP 7 aT ROSE PARK SUBDIVISION '\ WHEELER DRIVE LEGAL DESCRIPTION That port of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2. Township 2 South, Range 5 Easlof P.M.M., City of Bozeman, Gallatin County, Montano, described as follows: Commencing at the northwest corner of said Lot 5, at a point which is also the C—N 1/16 corner of said Section 2; thence southerly 181'28'43, assumed azimuth from north, 466.42 feel along the west line of said Lot 5 and also being the centerline of DATE PREPARED: 09/11/14 North 271h Avenue to the Point of Beginning; thence easterly 091'28'57' azimuth, 322.35 feet; thence southerly 181'28'43" azimuth, 222.35 feet along the center line of North 251h Avenue; thence southerly 48.42 feet on a tangential curve concave to the east. Ec radius 340.00 feet and central angle b9oun along said Centerline; thence westerly 271'azm8 , 270.5, feet al feet a the centerline �07 of North 27th Avenue and the western boundary Of Lot 5: thence northerly 001'28'43' azimuth, 270.53 (eel along the center line of North 271h Avenue and the western boundary of Lot 5 to the point of beginning. Eric,---- eid•- i-. Area = 87,286 square feet, 2.0038 acres or 8,109.1 square meters. Subject to existing easements mar teaei eB2A111t•ra 1�1 ee7a7ee .,may,-y,w�.mn,YMp-p�vmn f13001.1