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Home My WebLink About16- Ordinance 1937 Amending City Zone Map for 1163 Thomas Drive so t� ORDINANCE NO. 1937 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.1815 ACRES TO RESIDENTIAL HIGH DENSITY (R-4) DISTRICT AT 1163 THOMAS DRIVE INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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 establish an initial zoning classification of R-4 (Residential High Density District) for approximately 1.1815 acres of the property has been properly submitted, reviewed and advertised; and i WHEREAS, the Bozeman Zoning Commission held a public hearing on November 17, E 2015, to receive and review all written and oral testimony on the request for a zone map i I amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and Page 1 of 5 II i Ordinance No. 1937,The George Smith Annexation Map Amendment WHEREAS, after proper notice, the City Commission held its public hearing on December 14, 2015, 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 "R-4" (Residential High Density District): An area of land described as follows: Lot 1,Baxter Lane Subdivision No. 1,according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,Montana,located in the East Half of the Southwest Quarter of Section 35, Township 1 South,Range 5 East of P.M.M., and that part of adjacent Thomas Drive, all described as follows: Beginning at the northwest corner of Lot 1,Baxter Lane Subdivision No. 1; thence easterly 089'18'00", assumed azimuth from north, 300.89 feet along the north line of said Lot 1 to the northeast coiner of said Lot 1;thence 089°18'00" azimuth 30.00 feet along the easterly extension of said north line to the east line of the Southwest Quarter of said Section 35;thence southerly 179°55'29" azimuth 395.40 feet along said east line;thence westerly 269°55'29" azimuth 30.00 feet along the easterly extension of the south line of Lot 3,Baxter Lane Subdivision No. 1,to the southeast corner of said Lot 3;thence northerly 359°55'29" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2,Baxter Lane Subdivision No. 1;thence westerly 269'17'46" azimuth 300.86 feet along the south line of said Lot 1;thence northerly 359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the Point of Beginning. Area of Lot 1 =39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing easements. Area of adjacent Thomas Drive= 11,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to existing easements. Page 2 of 5 Ordinance No. 1937, The George Smith Annexation Map Amendment Total area= 51,466 square feet, 1.1815 acres or 4,781.4 square aneters, 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 Severabili . tY f 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. i { Page 3 of 5 � Ordinance No. 1937,The George Smith Annexation Map Amendment 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." Effective Date. This ordinance shall be in full force and effect tlurty (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 8tn day of February 2016. CARSON TAYLOR' Mayor ATTE�Y.: .v STAN; City Clerk, ,°., 1 :�, 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 22nd day of February 2016. The effective date of this ordinance is March 23,2016. CARSON TAYLOR Mayor ATTEST': STACT MEN, C, City,lClr 3 " Page 4 of 5 Ordinance No. 1937, The George Smith Annexation Map Amendment APPROVED AS YO}FORM: GREG LIVAN City Attorney i i I ryt =1 Page 5 of 5 GEORGE SMITH ANNEXATION ZONE MAP AMENDMENT LOCATED IN THE E 112 OF THE SW 1A SECTION 35, T. 1 S., R. 5 E. OF P.M.M., GALLATIN COUNTY, MONTANA - - - — �# I � 1in R� 70\ G Mo TRACT A, COS 500 I (III C \I�\G 1� Si£P 250665 N DAVENPORT R I II g\ `\ CURRENT LAND USE: R D I_ £ III N [' [N69'19'adET � �I xD,oa Des1 I c Point of Beglnnin � 1I21 � T— —r T --- _ I 1q T LOT 15 1 1 I r LOT 14— LOT 139.60 I I I LOT 13 p 5 R4 ZONI G LOT ffi fI Y55 OEORI �ss \— 300M 2W17' MARIE LANE 1 rJ�)�'LOT 11 I E 1T � Z I NI REMAINDER OF LOT 3, T`I—— vF` tL , t15 v MINOR SUBD. NO. 210 LOT 10 J\\ LOT 2 O — d�� NI LESS GALLATIN CENTER 1 M I CF�R s o O\ P.A1roRIEW VM ORDE> ggg" 1 E1 R"I NI SUBD, PHASE 1-4 V 100 ;1NS Ov,18�y1. ��l 3376076 44lLATIN CENTER 172 LIMF"16 PARTNERSHIP `„',1�IpP�}' �" _— lJ 172 t71 I6e Q 1 O I 1 LOT 9 ,, , \ t�\� �v`� CURRRESLIDENPAALUSE "a I s cwRENT LAND LASE 1n I ——_ > i s lV CLI S s � vAwNT �31rL I a ( 1 LOT —— ——.—.�—— �— n�sa 1 r LOT 7 LOT & I \\N' A I�LOT 3 1- I O {7f\g\ `Opv JOEL&JEANNE MILES X j .`I I 4 r�kAP 5 I F CURRENT LAND USE: i 'I I a r c m RESIDENTIAL j{ al ry o" } i I � 1 Dui mt°N rx _ ___ al Via:=a • : & I I LOT 3 ———- —r? �tf4 - — — n a xO�IN LOT 4 } I LOT 2 I xS`7� tCil1�� wl CURRENTMAR E LOUIS xoo seampsr I(1� RESIDENMI. I I I LOT 1 I I I II NC)-I-ES 1. Location of existing structures,driveway, water and sewer mining are approximate, 2. There are no known wetlands on the property to he annexed. L.EGEhi� Seale In Feat w EXISRNG WATER MAIN 50 O 0 ss-----EXISTING SANITARY SE11ER MAIN 15 0 15 Soule In Meters I I LEGAL DESCRIPTION ' I Lott, Baxter Lone Subdivision No. I.according to the plat thereof•on file and of record In the office of the Clark and Recorder, d Gallatin County. Montano,located Ln the East Huif of the Southwest Quarter of Section 35.Township 1 South,Range 5 Eaatof P.M.M., @ and that part of adjacent Thomas Drive,all described as follows: Beginning at the northwest comer of Lot 1, Baxter Lone Subdivision No. 1;thence easterly DRTI8'W,assumed azimuth from north. 300.89 feet along the north line of said Lot 1 to the northeast comer of Hold Lot 1;thence 08718'00" azimuth 30.0D feet along the easterly extension of sold north line to the east line of the Southwest Quarter of sold Section 35,thence southerly 179.557V azimuth It 39S.40 feet along sold east line;thence westerly 269'55'29' azimuth 30.00 feet along the easterly extension of the south line of Lot 3, DATE PREPARED: 09/14/15 Baxter Lane Subdivision No. 1,to the southeast corner of add Lot 3; thence northerly 359'55'26r azimuth 263.38 feet along the cost DATE REVISED: 01/10/16 line of said Lot 3 and Lot 2,Baxter Lone Subdtvislon No. 1;thence westerly 269'17'40r azimuth 30D.86 feet along the south line of C said Lot 1;thence northerly 359'S4'3d' azimuth 131.70 feet along the west line of sold Lot 1 to the Paint of Beginning. Area of Lot 1 = 39,609 square feet, 0.9093 acres or 3.679.8 square meters. Subject to existing easements. Area of adjacent Thomas Drive— 14,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to existing easements. D 5,®irr�v+e and swvayln9 Iro. tRr•Hr,eree,z awe.Hzera�.bB 59r1B Total area— 51.465 square feet, 1.1815 acres or 4.781.4 square meters.Subject to existingeasements. 1�15'n-,15s•ra.lOmlear8lW fl,net�a�.waaa. rsm,, f1s70t 't71 A 1