HomeMy WebLinkAboutOrdinance 15- 1897 Amending the Zoning Map Change from B-1 to R-2 at 856 Loxley Drive Dozln,�
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ORDINANCE NO. 1897
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
FROM THE B-1 NEIGHBORHOOD BUSINESS DISTRICT TO THE R-2
RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT ON 3.002 ACRES
AT 856 LOXLEY DRIVE.
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 Section
2.05.2700, BMC 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 amend the existing designation of"B-1" (Neighborhood Business District) to "R-2"
(Residential Two-Household Medium Density District) on 3.002 acres has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2014, to
receive and review all written and oral testimony on the request for a zone map amendment; and
Page 1 of 4
Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment
WHEREAS,the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 21,
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 would be in compliance with the criteria.
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
changed from "B-l" (Neighborhood Business District) to "R-2" (Residential Two-Household
Medium Density District):
Lot 1, Block 9 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:
Commencing at the southwest corner of Lot 1, Block 9, Laurel Glen Subdivision, Phase 1,
the point of beginning; thence due WEST 30.00 feet, assumed bearing; thence due
NORTH 421.78 feet to a point on a curve with the center of circle lying North 06°20'29"
East 500.00 feet from said point; thence easterly 100.66 feet on said curve, radius 500.00
feet and central angle 011'32'07"; thence North 84°48'22" East 186.98 feet; thence South
05°11'38" East 414.44 feet; thence southerly 23.59 feet on a tangential curve concave to the
west, radius 400.00 feet and central angle 003°22'45"; thence South 88°11'06" West 45.00
feet; thence due WEST 250.69 feet to the point of beginning.
Area= 130,766 square feet or 3.0020 acres. Subject to existing easements.
Page 2 of 4
Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment
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"Zone Map Amendments."
Page 3 of 4
Ordinance No. 1897, Laurel Glen Lot 1, Block 9 Zone Map Amendment
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 8th day of December 2014.
, n ;
J F NY4 KRAUSS
t y y
yor
ATTEST:
STAC EN,,�C C
City C er
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 51" of
January, 2015. The effective date of this ordinance is February, 5`}', 2015.
P
K. KRAUSS
0 '. . . ar'
' C
ATTEST:
S ULMENr)CMC-7.
C k;
APPROVED AS TO FORM:
/�A
G ULL VAN
City Attorney
Page 4 of 4
LAUREL GLEN LOT 1, BLOCK 9, ZONE MAP AMENDMENT
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 I- - _ BLOCK 4 w -'1 R-2 ZONINGS' FLI ZONING
N
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jD� —— Cu j — f� `
10 �I cry ----__
Annie street C6 �I N 84'48'22"EE 186.98'
_ PL
7
PL
LOT 1 LOT 10 30' i 30' C1 N 4048122"
a ) '
------------ I J 45' 1 45 j
I ------------i ( 1 LOT2A
j 1 I 11 Minor Subdiv.No.201 A
LOT 2 1
I LOT 11 j C 1
I I C I
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I
-----------+---------- 1 a Cn BLO K 9
88, 4 SQ.FT Ln a
I LOT 3 I LOT 12 l a l 419 AC S 1 1
BLOCK 8 I 01 o 1 A EXISTING
I t o o R Z N G 11 R-1 ZONING
I------------f -------- -1 °
I Z o0 1 766 SQ y i Cd
Z .0020 A ES o 1 I
LOT 4 I LOT 13 .>1 ;-4 'I
EXI ING Q PP-+
a i ----------
R-1 ZONING 1
1
�p i LOT 5 i LOT 14 FO 1 a 1 II
t5 I 45' 45 i
I
p I------------ - -----1 30 30' N90°00 „W 25 . 9' Lnn II
/�
30.00' OINT OF
LOT 6 LOT 15 1 45.00' I
�1 90°00'00"IW BEGINNING I I S 88°11'06"W
I I LOT 2 I LOT 3 LOT 4
I I I I I I 1 i
I------------------------ IEXISTINGI '
RI-2 ZONIN(P I
I r
I LOT 7 i LOT 16 i I
0
Ethan Way
CURVE TABLE
LEGEND
CURVE RADIUS ARC LENGTH CHORD LENGTH DELTAANGLE
— PL—PROPERTY LINE C1 537' 73.91' 73.86' 7'53'11"
ADJOINING PROPERTY LINE C2 25' 26.3' 25.1' 60'15'51"
C3 100, 45.74' 45.34' 26'12'31"
PROPERTY SUBJECT TO ZMA C4 25' 24.41' 23.45' 55°56'39"
(B-1 TO R-2) C5 355' 20.94' 20.93' 3'22'45"
C6 500' 100.66' 100.49' 11°32'07"
C7 400' 23.59' 23.59' 3'22'45"
�f LEGAL DESCRIPTION
Lot 1,Block 9 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 9,Laurel Glen Subdivision,Phase 1,the point of
beginning; thence due WEST 30.00 feet,assumed bearing; thence due NORTH 421.78 feet to a point on
a curve with the center of circle lying North 06°20'29"East 500.00 feet from said point;thence easterly
100.66 feet on said curve,radius 500.00 feet and central angle 011°32'07"; thence North 84°48'22"East
186.98 feet; thence South 05111'38"East 414.44 feet;thence southerly 23.59 feet on a tangential curve
concave to the west,radius 400.00 feet and central angle 003°22'45'; thence South 88'11'06"West 45.00
' SUPVEVING feet;thence due WEST 250.69 feet to the point of beginning.
mmomW Area=130,766 square feet or 3.0020 acres. Subject to existing easements. #14004