HomeMy WebLinkAbout18- Ordinance 2004 Park Place 2018 Zone Map Amendment riN ao .�,o
ORDINANCE NO. 2004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 70.56 ACRES AS M-1,LIGHT MANUFACTURING.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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, M.C.A. 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, M.C.A.; 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 application to amend the City of
Bozeman Zoning Map to establish a zoning classification of M-1 (Light Manufacturing District)
for approximately 70.56 acres has been properly submitted, reviewed, and advertised; and
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Ordinance 2004,Park Place 2018 Zone Map Amendment
WHEREAS, after proper notice,the Bozeman Zoning Commission held a public hearing
on March 20, 2018 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 application No. 18056, the Park Place Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on April 9,
2018, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS,the City Commission has reviewed and considered the 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 criteria.
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
M-1, Light Manufacturing District:
A description of land being Tract 1C and Tract I of Certificate of Survey No. 1372 B,
located in the SE 1/4 of Section 22; a 40' wide County Road No. 259 Easement, located in
the SW 1/4 of Section 23; and a tract of land located in the NE 1/4 NE 1/4 of Section 27;
situated in Township 1 South,Range 5 East, Principal Meridian, Gallatin County,
Montana, more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner of
Tract 1 C of Certificate of Survey No. 1372 B,the Point of Beginning;thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the Northeast
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Ordinance 2004, Park Place 2018 Zone Map Amendment
Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18'43"W. along said
Railroad Right-of-Way a distance of 581.25 feet to the Right-of-Way of the Montana
Department of Transportation Bargain and Sale Deed Document No. 2170717; thence
N.37°41'29"E. along said Right-of-Way a distance of 0.70 feet; thence N.15°43'59"W. a
distance of 81.76 feet; thence N.52°18'31"W. a distance of 98.49 feet; thence
N.69°31'56"W. a distance of 166.95 feet to the Northeast Right-of-Way line of the
Montana Rail Link Railroad; thence N.52°18'43"W. along said Railroad Right-of-Way a
distance of 1613.49 feet; thence N.1°48'08"E. a distance of 712.83 feet; thence
S.89°52'46"E. a distance of 2047.78 to the Northeast Corner of Tract I of Certificate of
Survey No. 1372 B, also being the West Right-of-Way line of a 40' wide County Road
No. 259 Easement;thence S.87°59'02"E. a distance of 40.00 feet to the East Right-of-
Way line of said County Road Easement; thence S.2°00'58"W. along said County Road
Easement Right-of-Way a distance of 1412.22 feet;thence N.87°59'02"W. a distance of
40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres, more or less.
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.
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Ordinance 2004,Park Place 2018 Zone Map Amendment
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."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2004,Park Place 2018 Zone Map Amendment
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 4th day of June, 2018.
THIA RU
Mayor
ATTEST: •'
r�/.y�r ♦ qt- 4 1 •
U .
ROBIN CROUG 3 �•��'
CityClerk
c• a •
riNaco'�`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 18th day of
June, 2018.
YNT A L N R
Mayor
ATTEST:
Bo2 ,
BIN CROUG
City Clerk :U :
V � � " 1 aa3 . ♦ �
�l�•. , ■ . ■ . ��s'�. APPR ED AS TO FORM:
L�TIN CO.�
G LLIVAN
City Attorney
Page 5 of 5
PARK PLACE 2018 ZONE MAP AMENDMENT
APRIL30,2018
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LEGEND
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ANNEXATION AREA SUMMARY
PARCEL I: 1.50G.— (65,340)Sq.FL __'_—_—__�__—__ \ ♦ \
PARCEL n: 58.514 acres(2,548,880)Sq.Fl.
PARCEL Ill: 10.546 acres (459,386)Sq.FL
TOTAL ANNEXATION ARE4: 70.560a (3,073.606)Sq.FL - \
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