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HomeMy WebLinkAboutOrdinance 02- 1570 Amend zoning map, MSU FoundationORDINANCE NO. 1570 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 43.85 ACRES SITUATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE $ EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to establish an initial zoning designation of "B-2", (Community Business District) on 43.85 acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on August 21,2001, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City of Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved; and WHEREAS, after proper notice, a public hearing was set before the City Commission on September 24, 2001, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission held its public hearing on September 24, 2001, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no one from the general public spoke in opposition to, or in favor of, the zone map amendment; and WHEREAS, the City Commission, finding there was no public testimony 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, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on September 24, 2001, the City Commission found that the proposed zone map amendment would be in compliance with the Bozeman Area Master 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. 3528, adopted on the 29th day of July 2002. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section That the zoning district designation of the following-described property is hereby initially established as "B-2" (Community Business District). A tract of land being described as a tract of land for annexation purposes, located in the northwest quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being more particularly described as follows: Commencing at the northwest corner of said Section 14; thence along the north line of said Section 14, North 89°22'47'' East a distance of 1347.23 feet to the north sixteenth corner of the northwest quarter of said Section 14; thence along the west line of the east half of the northwest quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No. 1360, South 00°11'42" East a distance of 44.95 feet, to the true point of beginning. Thence continuing along said west line South 00°11'42" East a distance of 1285.25 feet, to the southwest corner of the northeast quarter of the northwest quarter of said Section 14; thence along the north sixteenth line of said Section 14, South 89°31'43" West a distance of 1345.59 feet to the north sixteenth corner common to said Sections 14 & 15,said corner also being the southeast corner of Tract B of Certificate of Survey No. 1243 as filed with the Gallatin County Clerk and Recorder; thence along the east line and northerly line of said Tract B the following two courses, North 00°15'53'' West a distance of 608.73 feet; thence South 83°56'16'' West a distance of 337.11 feet; thence along the easterly line of Tract A-l-A-1 of Certificate of Survey No. 1243C as filed with the Gallatin County Clerk and Recorder, North 00°18'19'' West a distance of 686.94 feet to a point on a non-tangent curve to the left on the southerly right of way line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 00° 42'25", and a chord bearing of South 89°38'51'' East and a chord distance of 71.70 feet; thence along said curve an arc length of 71.70 feet; thence along said right of way the following five courses, South 89°59'55'' East a distance of 57.69 feet; thence North 89°59'58'' East a distance of 896.87 feet; thence South 75°57'50'' East a distance of 82.46 feet; thence North 89°59'26'' East a distance of 60.16 feet to a point on a non-tangent curve to the left, said curve having a radius of 2381.83 feet, a central angle of 12°31'23'', and a chord bearing of North 83°44'15" East and a chord distance of 519.95 feet; thence along said curve an arc length of 520.59 feet to the true point of beginning. The computed area of the herein described parcel is 43.85 acres, more or less, along with and subject to all easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. -2- PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 5th day of August 2002. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 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 19th day of Auqust 2002. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission AP P RO,,vE'i~'~Tp ~;¢ R M: ~ADL ~ ~ Oily A -3- NO0" 11 '42"W 1285.25' NOiO"18'19"W 686.94' ~ NOOO15'53"W 1 608.73'